ADMINISTRATIVE LAW

Chapter I- INTRODUCTION
1. Concept of administrative law
Administrative law belongs to the field of public law which
includes constitutional law, criminal law, and international
law. There is no agreement as to the scope or bounds of
the term.

2. Scope of administrative law

Broadly conceived, administrative law covers the
following:
a. the law which fixes the administrative organization and
structure of the government;
b. the law, the execution or enforcement of which is
entrusted to administrative authorities;
c. the law which governs public officers including their
competence (to act), rights, duties, liabilities, election, etc.;
d. the law which creates administrative agencies, defines
their powers and functions, prescribes their procedures,
including the adjudication or settlement by them of contested
matters involving private interests;
e. the law which provides the remedies, administrative or
judicial, available to those aggrieved by administrative actions
or decisions;
f. the law which governs judicial review of, or relief
against, administrative actions or decisions;
g. the rules, regulations, orders and decisions (including
presidential proclamations) made by administrative authorities
dealing with the interpretation and enforcement of the laws
entrusted to their administration; and
h. the body of judicial decisions and doctrines dealing with
any of the above.

3. Meaning of administrative authorities

It is meant to be all those public officers and organs (i.e.,
administrative agencies) of the government that are
charged with the amplification, application and execution
of the law, but do not include, by virtue of the doctrine of
separation of powers, Congress and the regular courts.

4. Concerns of administrative law

It is primarily concerned with Private Rights and
Delegated Powers and Combined Powers.

5. Distinguished from international law

1
 Administrative law lays down the rules which shall guide
the officers of the administration in their actions as agents
of the government. International law, on the other hand,
cannot be regarded as binding upon the officers of any
government considered in their relation to their own
government except insofar as it has been adopted into
the administrative law of the state.

6. Distinguished from constitutional law

Insofar as it fixes or regulates the administrative
organization of the government, administrative law is the
necessary supplement of constitutional law. But
administrative law not only supplements constitutional
law; it also complements constitutional law insofar as it
determines the rules relative to the activity of the
administrative authorities.

7. Distinguished from criminal law

Criminal law or penal laws consist really of a body of
penal sanctions which are applied to all branches of the
law, including administrative law. A rule of law protected
or enforced by a penal sanction may be really
administrative in character, for indeed, one of the most
common and efficient means of enforcing a rule of
administrative law is to give it a penal sanction, and the
mere affixing of a penalty to the violation of a rule of
administrative law does not deprive such rule of its
administrative character.

8. Distinguished from law of public administration

The subject matter of administrative law is public
administration. Since administrative law covers all laws
that concern public administration, the two are apparently
synonymous with each other. However, a highly technical
distinction is observed between them. The true field of
administrative law, it is pointed out, refers only to the
external aspect of public administration. Thus,
administrative law is the narrower branch but it constitutes
the bulk of the law of public administration.

9. Principal subdivisions of administrative law

a. The law on internal administration
b. The law on external administration

10. Classification of administrative law

1. As to its source
a. The law that controls administrative authorities
b. The law made by administrative authorities
2
 2. As to its purpose
a. Adjective or procedural administrative law
b. Substantive administrative law
3. As to its applicability
a. General administrative law
b. Special or particular administrative law

11. Origin and development of administrative law

a. Recognition as a distinct category of law
b. Multiplication of government functions
c. Growth and utilization of administrative agencies
d. Fusion of different powers of government in
administrative agencies
e. A law in the making

12. Scope of the administrative process

The term administrative process includes the whole of the
series of acts of an administrative agency whereby the
legislative delegation of a function is made effectual in
particular situations. It embraces matters concerning the
procedure in the disposition of both routine and contested
matters, and the matter in which determinations are
made, enforced, and reviewed.

13. Advantages of the administrative process

a. The latter alternative, however, "where practicable,
insures greater uniformity and impersonality of action.
In this area of government, the administrative process
— far from being an encroachment upon the rule of
law, is an extension of it."
b. Congress has resorted to the administrative process
as an alternative to executive action not only in the
matter of benefits — patents, public lands, and social
security, but also in the fields of tax administration,
labor relations, public utilities and securities market
regulations, and others. On the other hand, functions
like the issuance of passports are better handled by
the Executive Department of Foreign Affairs.
Discretion is sometimes preferable to rule.

14. Criticisms against administrative action

The recognized weaknesses of administrative agencies
considered typical have been summed up as follows:
(1) Tendency towards arbitrariness;
(2) Lack of legal knowledge and aptitude in sound judicial
technique;
(3) Susceptibility to political bias or pressure, often brought
about by uncertainty of tenure;
3
 (4) A disregard for the safeguards that insure a full and fair
hearing;
(5) Absence of standard rules of procedure suitable to the
activities of each agency; and
(6) A dangerous combination of legislative, executive, and
judicial functions

15. Relation between administrative agencies and courts

a. Collaborative instrumentalities of justice
b. Role of courts
a) to accommodate the administrative process to the
traditional judicial system;
(b) to accommodate private rights and the public interest in
the powers reposed in administrative agencies; and
(c) to reconcile in the field of administrative action,
democratic safeguards and standards of fair play with the
effective conduct of government.
c. Discharge of judicial role
The courts must aim to:
(a) to maintain the Constitution by seeing that powers are
not unlawfully vested in administrative agencies and to
maintain the constitutional and statutory rights of persons by
seeing that powers lawfully vested in administrative agencies
are lawfully exercised but without abdicating their judicial
responsibility;
(b) to give due deference to the role of the administrative
agencies, and not to usurp or unwarrantedly limit the powers
and functions lawfully vested in them, or interfere with the
proper exercise of their valid powers;
(c) to lend the powers of the court to the proper attainment of
the valid objectives of the administrative agency; and
(d) to leave to the legislature or the people the remedy for
administrative action which may be unwise or undesirable
but is within the lawful powers of the agency. The courts are
not the advisers of administrative agencies.

16. Administration of government distinguished from administration

of justice
The work done by the latter consists in the decision of
controversies between individuals and government officers, as
to the applicability in the cases in question of a particular rule of
law. On the other hand, the work done by the former is not
necessarily, or even often, the result of any controversy and is
not merely dependent on the solution of the question "what is
the law" but made also as a result of consideration of
expediency. Thus, in the first kind of work, all that judicial
officers have to do is to determine what law is applicable to the
facts brought before them; in the second kind of work,
4
 administrative officers must determine, of course, what is the
law in order to determine whether they are competent to act,
but furthermore, they must decide whether in case they are
competent to act, it is wise for them to act.

17. Administration as a separate power

Administration is both the function of execution of the law (or
management of government affairs) and the totality of the
executive and administrative authorities.

18. Administration as an organization distinguished from

government
The term government refers to that "institution or aggregate of
institutions by which an independent society makes and carries
out those rules of action which are necessary to enable men to
live in a civilized state, or which are imposed upon the people
forming that society by those who possess the power or
authority of prescribing them. Government is the aggregate of
authorities which rule a society." On the other hand, the term
administration refers to the aggregate of those persons in
whose hands the reins of government are entrusted by the
people for the time being.

Chapter II – NATURE AND ORGANIZATION OF ADMINISTRATIVE

AGENCIES
A. Status and Characteristics
1. Creation, reorganization, and abolition of administrative
agencies
2. Meaning of administrative agency
Administrative agency is the term used generally to describe an
agency exercising some significant combination of executive,
legislative, and judicial powers. It is a government body
charged with administering and implementing particular
legislation.

3. Administrative agency or body and court distinguished

They are distinguished as follows:
(1) An administrative body is generally a large organization
staffed by men who are deemed to become something of
experts in their particular fields, while a court is a tribunal which
is presided by one or more jurists learned in the law;
(2) The first performs a variety of functions, while the second,
has only one function — judicial; and
(3) The first uses a varying degree of discretion9 in arriving at
decisions and often proceeds without being bound by technical
rules of evidence or procedure, while the second is more or less
5
 governed by fixed rules in arriving at its decisions and bound by
the rules that no final adjudication is to be made until after due
notice to the parties with opportunity for a full and fair hearing.

4. Status or character of particular administrative agencies

5. Main characteristics of administrative agencies
a. Size
b. Specialization
c. Responsibility for results
d. Variety of administrative duties

6. Consequence of characteristics
7. Delegation of function and authority
8. Types of administrative agencies
(1) Those created to function in situations wherein the
government is offering some gratuity, grant, or special
privilege.
(2) Those set up to function in situations wherein the
government is seeking to carry on certain functions of
government.
(3) Those set up to function in situations wherein the
government is performing some business service for the
public.
(4) Those set up to function in situations wherein the
government is seeking to regulate businesses affected with
public interest.
(5) Those set up to function in situations wherein the
government is seeking under the police power to regulate
private businesses and individuals.
(6) Those agencies set up to function in situations wherein the
government is seeking to adjust individual controversies
because of some strong social policy involved.

B. Administrative Organization
1. Distribution of powers of government
Administrative organization refers to the administrative structure
of the government including its political subdivisions and the
allocation of powers, functions, and duties to its various units or
agencies.

2. Organization of the Office of the President

3. Organization of Departments
Department refers to an executive department created by law. It
includes any instrumentality9 having or assigned the rank of a
department, regardless of its name or designation.

4. Secretaries, Undersecretaries, and Assistant Secretaries

5. Department Services
6
 6. Organization of Bureaus
Bureau refers to any principal subdivision or unit of any
department. It shall include any principal subdivision or unit of
any instrumentality given or assigned the rank of a bureau,
regardless of actual name or designation, as in the case of
department-wide regional offices.

7. Organization of Field Offices

8. Definition of administrative relationship
9. Powers and functions of Department Secretary
10. Authority of Department Secretary
11. Delegation of authority
12. Line bureau authority
13. Relationship of government-owned or controlled corporations
to the Department
Government-owned or -controlled corporations refer to any
agency organized as a stock or non-stock corporation, vested
with functions relating to public needs whether governmental or
proprietary in nature, and owned by the government directly or
through its instrumentalities either wholly, or, where applicable
as in the case of stock corporations, to the extent of at least
50% of its capital stock.

14. Relationship of regulatory agencies to the Department

A regulatory agency refers to any agency expressly vested with
jurisdiction to regulate, administer or adjudicate matters
affecting substantial rights and interest of private persons, the
principal powers of which are exercised by a collective body,
such as commission, board, or council.

15. Mandates of the different Departments

Chapter III – POWERS AND FUNCTIONS OF ADMINISTRATIVE

AGENCIES
A. In General
1. Meaning of powers and functions
“Function" is that which one is bound or which it is one's
business to do.
"Power" refers to the means by which a function is fulfilled.

2. Source of powers
3. Scope of powers

Illustrative Cases:
(1)Securities and Exchange Commission prohibits double
listing of stock securities in stock exchanges (Makati

7
 Stock Exchange, Inc. vs. Securities and Exchange
Commission)
(2)Board of Communications imposed fine for injury caused
by failure of a communications company to transmit
telegrams (Radio Communications of the Phil., Inc. vs.
Board of Communications)
(3)The Board of Transportation (BOT) granted provisional
permits for the operation of “excess taxicab units”
allegedly “despite the lapse pf its power to do so under
the law” (Matienzo vs. Abellera)

4. Nature of powers

Illustrative Case:
The COSLAP decided the question of ownership over the
subject land (Vda. De Herrera vs. Bernardo)

5. What constitutes administrative power or administrative function

6. Powers of administrative agencies classified
7. Discretionary and ministerial powers
8. Separation of functions within the agency itself with combined
power structure

B. Investigatory Powers
1. Generally
Investigatory or inquisitorial powers include the power of an
administrative body to inspect the records and premises, and
investigate the activities of persons or entities coming under its
jurisdiction,' or to secure, or to require the disclosure of
information by means of accounts, records, reports, statements,
testimony of witnesses, production of documents, or otherwise.
They are conferred on practically all administrative agencies.

Illustrative Case:
Special civil action by certiorari was instituted against an
administrative agency exercising only investigatory and
advisory powers (Ruperto vs. Torres)

2. Scope and extent of powers

a. Initiation of investigation
b. Conduct of investigation
c. Inspection and examination
d. Requirements as to accounts, records, reports, or
statements
e. Requiring attendance of witnesses, giving testimony, and
production of evidence
f. Hearing
g. Contempt proceedings
8
 h. Application of technical rules of procedure and evidence

Illustrative Cases:
(1)Committee created by executive order of Mayor of
Manila to investigate anomalies issued subpoenas and
demanded that witnesses testify under oath (Carmelo
vs. Ramos)
(2)Respondent questioned legality of subpoena issued by
an administrative agency charged with the function,
among others, to investigate graft and corruption,
when there was no charge or complaint of violation of
law then pending (Evangelista vs. Jarencio)
(3)Officers of labor union charged with unauthorized
disbursement of union funds refused to deliver and
deposit certain documents in connection with the
court’s investigation of the charge (Catura vs. Court of
Industrial Relations)

3. Administrative power to obtain information

4. Right to counsel in administrative investigations
5. Importance of administrative investigations
The life blood of the administrative process is the flow of fact,
the gathering, the organization and the analysis of evidence.
Investigations are useful for all administrative functions, not
only for rule-making, adjudication, and licensing, but also for
prosecuting, for supervising and directing, for determining
general policy, for recommending legislation, and for purposes
no more specific than illuminating obscure areas to find out
what if anything should be done.

C. Rule-Making Powers
1. Generally
Administrative agencies are endowed with powers legislative in
nature or quasi-legislative (i.e.,to make rules and regulations),
and, in practical effect, with the power to make law. However,
the essential legislative functions may not be delegated to
administrative agencies and in this sense, it is said that
administrative agencies have no legislative power and are
precluded from legislating in the strict sense.

2. Legislation on the administrative level

The rule-making power of an administrative agency, that is, the
power to make implementing or interpretative rules or
regulations, is legislative in character and results in "delegated
legislation." "Rule making" is legislation on the administrative
level, that is, legislation within the confines of the granting
statute, as required by the Constitution and its doctrine of non-
delegability and separability of certain powers flowing from the
9
 separation of the three branches of the government. It is also
called administrative legislation, delegated legislation,
ordinance-making, and quasilegislation.
3. Many advantages of rule-making
The power conferred upon an administrative agency to issue or
promulgate rules and regulations necessary to carry out its
functions has been held to be an adequate source of authority
to delegate a particular function, unless by express provision of
the statute or by implication, it has been withheld.

4. Limitations on the rule-making power

(1) It may not make rules and regulations which are inconsistent
with the provisions of the Constitution or a statute, particularly
the statute it is administering or which created it, or which are in
derogation of, or defeat, the purpose of a statute.
(2) It may not, by its rules and regulations, amend, alter, modify,
supplant, enlarge or expand, restrict or limit the provisions or
coverage of the statute as this power belongs to the legislature.
It cannot engraft additional requirements or embrace matters
not covered by the statute or contemplated by the legislature.
The power of administrative officials to promulgate rules in the
implementation of the statute is necessarily defined by and
limited to what is provided in the legislative enactment
conferring the power. It is confined to putting the law into effect
or carrying out the legislative purpose.
(3) There is no dispute that in case of discrepancy between the
basic law and a rule or regulation issued to implement said law,
the basic law prevails because said rule or regulation cannot go
beyond the terms and provisions of the basic law. The rules of
administrative officers and boards which have the effect of
extending, or which conflict with the authority-granting statute
do not represent a valid exercise of the rulemaking power but
constitute an attempt by an administrative body to legislate.
(4) Furthermore, a rule or regulation should be uniform in
operation, reasonable, and not unfair or discriminatory.

5. Rules, regulations, and orders or rulings distinguished

6. Kinds of rule-making powers/rules and regulations
a. Supplementary or detailed legislation
b. Interpretative legislation
c. Contingent legislation

7. Legislative rules and regulations

8. Interpretative rules and regulations
9. Legislative and interpretative rules distinguished

Illustrative Case:

10
 Amendatory circular advises employers-members of the
Social Security System what, in the light of the
amendment of the law, they should include in determining
monthly compensation of their employees upon which the
social security contributions of the employees should be
based (Victorias Milling Co., vs. Social Security
Commission)

10. Contingent rules and regulations

11. Procedural rules
The term refers to those describing the methods by which the
agency will carry out its appointed functions — rules which
make provisions for the filing of applications, the resolution of
complaints, the serving of papers, the conduct of hearings, and
the like. An agency cannot very well function without rules of
procedure, and it may be supposed that every agency has such
rules, at least at the level of intra-office memoranda.

12. Ordinance power of the President

Under his ordinance power, the issuances of the President are
classified as follows:
(1)Acts of the President providing for rules of a general or
permanent character in implementation or execution of
constitutional or statutory powers shall be promulgated in
executive orders;
(2)Acts of the President which relate to particular aspects of
governmental operations in pursuance of his duties as
administrative head shall be promulgated in administrative
orders;
(3)Acts of the President fixing a date or declaring a status or
condition of public moment or interest, upon the existence of
which the operation of a specific law or regulation is made to
depend, shall be promulgated in proclamations which shall
have the force of an executive order;
(4)Acts of the President on matters of administrative detail or of
subordinate or temporary interest which only concern a
particular officer or office of the Government shall be embodied
in memorandum orders;
(5)Acts of the President on matters relating to internal
administration, which the President desires to bring to the
attention of all or some of the departments, agencies, bureaus
or offices of the Government, for information or compliance,
shall be embodied in memorandum circulars; and
(6)Acts and commands of the President in his capacity as
Commander-in-Chief of the Armed Forces of the Philippines
shall be issued as general or special orders.

11
13. Administrative issuances of Secretaries and heads of bureaus,
offices or agencies
The administrative issuances of Secretaries and heads of
bureaus, offices or agencies shall be in the form of circulars or
orders.

14. Practical necessity of the rule-making power

a. Regulation of highly complex and changing conditions
b. Gradual change in regulatory role of congress
c. Inability of legislative bodies to anticipate future situations

15. Special advantages of the rule-making power

(1) Freed from concern with details, the legislature can
concentrate its attention upon the enactment of the
fundamentals of policy, and is thus strengthened as the
representative organ of government.
(2) The legislature also has additional time to investigate the
manner in which administrative authorities have
concretized and enforced its policies.
(3) Since rules are more easily amended than statutes, it
becomes easier to correct mistakes and to meet changing
conditions, if the difficulty concerns details rather than
basic policy.
(4) The administrator is saved from a dilemma that he often
faces when his hands are tied by the red tape of legislative
details: he does not have to choose between defeating the
central purpose of the statute by trying to work the
unworkable, and evading the letter of the law.
(5) The administrator is the one who, by constantly rubbing
elbows with his particular problems, can, by trial and error,
workout the specific regulations best calculated to attain
the statutory objective.
(6) In working out the specifics of policy, a bureaucracy is,
ideally, subject to political responsibility with respect to
discretionary matters, and to professional responsibility
with respect to technical matters.
(7) If discretion in particular cases are untrammeled, it is more
liable to abuse than if statutory generalities are made more
specific and concrete before they are applied to individual
situations.
(8) Interpretative regulations are a means of increasing the
certainty of the law, especially if the statute provides that
no civil or criminal liability shall apply to any act done or
omitted in good faith in conformity with such
interpretations, notwithstanding that, after such act or
omission, such interpretations are held invalid by the
courts.

12
 (9) Contingent legislation furnishes a means by which a policy
can be blocked out by the legislature, and its coming into
operation be made dependent upon unpredictable future
contingencies, such as the action of a foreign government.

16. Requisites for validity of administrative rules and regulations

a. The rules and regulations must have been issued on the
authority of law;
b. They must not be contrary to law and the Constitution;
c. They must be promulgated in accordance with the
prescribed procedure.

17. Grant of rule-making powers

18. Consistency with law and the Constitution
Administrative rules and regulations to be valid must not be in
conflict with the law and the Constitution. Their promulgation
may be legitimately exercised only for the purpose of
implementing the law or putting it into effect.

19. Questions relevant in determining validity of rules

(1) Legislative rule. — In the case of a legislative rule, the
queries would be:
(a) first, whether the rule relates to the subject matter on
which power to legislate has been delegated;
(b) second, whether the rule conforms to the standards
prescribed in the delegatory statute; and
(c) third, whether the rule is invalid on constitutional
grounds, such as due process.
(2) Interpretative rule. — When an interpretative rule is
involved, the inquiry relates fundamentally to the question of
whether the rule correctly interprets the statute, and involved
with this issue, there might be a question of whether the rule
amounts to an attempt to exercise legislative powers which
have not been delegated. If this were the case, the rule would
be invalid as going beyond the sphere of interpretation and into
that of legislation.

20. Tests applied in determining validity of rules

a. A rule is invalid if it exceeds the authority conferred to it.
b. A rule is invalid if it conflicts with the governing statute.
c. A rule is void if it extends or modifies the statute.
d. A rule is void if it has no reasonable relationship to the
statutory purpose.
e. Courts will set aside rules deemed to be unconstitutional or
arbitrary or unreasonable.

Illustrative Cases:

13
 (1)The General Auditing Office, relying on a rule of the
Civil Service Commission, denied claims of retiree for
commutation of his vacation and sick leaves (Manuel
vs. General Auditing Office)
(2)Rule defining proper standard of the quality of tobacco
limits its application to certain provinces (Olsen and
Co., vs. Aldanese)
(3)Circular letter requires books of account to be kept in
English or Spanish (Young vs. Rafferty)
(4)Memorandum Order of Commissioner of Customs
requires review by him even of unappealed decisions
of the Collector of Customs in seizure cases (Sy Man
vs. Fabros)
(5)Regulation provides that unless the bill of lading states
that the goods are worth P5 or less, the value shall be
assumed to be more than P5 for purposes of
documentary stamps tax payable (Interprovincial Auto
Bus Co. vs. Collector of Internal Revenue)
(6)The Director of Patents prescribed and scheduled an
examination for the purpose of determining who are
qualified to practice as patent attorneys before the
Philippine Patent Office (Phil. Lawyers’ Association vs.
Agrava)
(7)The Philippine Ports Authority (PPA) refused to
enforce an executive order of the President on the
ground that the order would deprive it of its power
under its charter to fix pilotage rates (Philippines Inter-
Island Shipping Association of the Philippines vs.
Court of Appeals)
(8)Respondent’s claim for refund of overpaid excise taxes
is based primarily on what it considers as an
“unauthorized administrative regulation” on the part of
the Commissioner of Internal Revenue (Commissioner
of Internal Revenue vs. Fortune Tobacco Corporation)

21. Requirement of reasonableness

a. Bear reasonable relation to the purpose sought to be
accomplished
b. Supported by good reasons
c. Free from constitutional infirmities or charge of arbitrariness

22. Liberal interpretation of rules and regulations

Illustrative Case:
The Professional Regulation Commission, in a resolution,
prohibits examinees from attending review classes,
reviewing handout materials and tips or the like, three (3)

14
 days before the date of the examination (Lupangco vs.
Court of Appeals)

23. Internal rules and regulations

They refer to administrative rules and regulations issued by a
superior administrative or executive officer to his subordinates
for the proper and efficient administration of the law.

Illustrative Case:
Executive Order of the Governor-General addressed to
Collectors of Customs and Internal Revenue charged
them with duty of preventing fraudulent export for free
duty entry into the United States of goods which are not
products of the Philippines (Olsen and Co., vs. Herstein
and Rafferty)

24. Penal rules and regulations

They refer to rules and regulations carrying penal or criminal
sanctions for violation of the same.

Illustrative Cases:
(1)Regulations penalize electro-fishing in fresh water
fisheries (People vs. Maceren)
(2)Law does not provide penalty for violation of rules and
regulations issued thereunder (U.S. vs. Panlilio)
(3)Defendant made under oath false statements in an
application requiring applicant to swear to the facts
stated therein (U.S. vs. Tupasi Molina)
(4)Regulation imposing penalty supplies a defect of the
law by extending it (People vs. Santos)
(5)Circular of the Central Bank was not published in the
Official Gazette (People vs. Que Po Lay)

25. Legal force and effect of administrative rules and regulations

Legislative rules and regulations of an administrative body or
officer which are valid have the force and effect of law, and are
just as binding upon all the parties, as if they had been written
in the original law itself.

26. Principles of administrative construction

27. Effect of reliance on rules
A person who relies in good faith on an agency rule should be
held harmless from loss if that rule is later held invalid or is
amended.

28. Retroactive operation of rules, regulations, and rulings

15
 Whether the rules, regulations, or rulings of an administrative
agency operate or can be made to operate retroactively
depends on the provisions of the authorizing statutes.

29. Amendment or repeal of administrative rules and regulations

Illustrative Cases:
(1)Secretary of Finance revoked a general circular
pursuant to which a taxpayer claimed deductions from
his gross income (Hilado vs. Collector of Internal
Revenue)
(2)The Secretary of Finance expressly authorized the
non-retroactivity of regulation which amended a
previous one (Olada vs. Secretary of Finance)
(3)The Office of the President modified its decision which
had already become final and executory (Fortich vs.
Corona)

30. Formal requirements on the promulgation, etc. of rules and

regulations
31. Requirements of notice and hearing or publication

Illustrative Case:
Constitutionality of Exec. Order No. 1088 providing for
uniform and adjusted rates for foreign and coastwise
vessels in all Philippine Ports is assailed (Eastern
Shipping Lines, Inc. vs. Court of Appeals)

D. Adjudicatory Powers
1. Generally
2. Distinguished from judicial power
Judicial power; in the strict sense, is the power to hear, try and
determine all sorts of cases at law and equity which are brought
before the courts. It is the power and authority to make a final,
rather than an initial determination, of what the law is and
adjudicates the respective legal rights or liabilities of the
contending parties with respect to the matter in controversy.

3. Extent of judicial or quasi-judicial powers of administrative

agencies
a. Jurisdiction limited
b. Extent of powers depends largely on enabling act
c. Split jurisdiction not favored
d. Grant of particular power must be found in the law itself
e. General policy to uphold exercise

Illustrative Cases:

16
 (1)The mining controversy involves contractual relations
between the litigants (Philex Mining Corp. vs. Zaldivia)
(2)The National Housing Authority reinstated a Contract
to Sell which was rescinded by the subdivision owner
for non-payment of monthly installments (Antipolo
Realty Corp. vs. National Housing Authority)
(3)Agency charged with regulating the operations and
trade practices of the petroleum industry ordered a
service station operator-lessee to vacate the service
station and to turn over its possession to the oil-
company lessor upon the expiration of the dealership
and lease agreements (Guerzon vs. Court of Appeals)

4. Distinguished from investigative power

5. Distinguished from legislative or rule-making power
A rule is the product of rule-making and rule-making is a part of
the administrative process that resembles a legislature's
enactment of statutes. Adjudication’ is the part of the
administrative process that resembles a court's decision of a
case.

6. Nature of particular acts

a. Licensing, enabling, or approving
b. Fixing rates and charges
c. Miscellaneous acts

7. Classification of adjudicatory powers

a. Enabling powers
b. Directing powers
c. Dispensing powers
d. Summary powers
e. Equitable powers

Chapter IV – SEPARATION OF ADMINISTRATIVE AND OTHER

POWERS
1. Doctrine of separation of powers
2. Doctrine of non-delegation of powers
The doctrine of non-delegation of powers is based on the
maxim of potestas delegata non potest delegari. What has
been delegated cannot in turn be delegated. The doctrine rests
on the ethical principle that a delegated power constitutes not
only a right but a duty to be performed by the delegate by the
instrumentality of his own judgment acting immediately upon
the matter and not through the intervening mind of another.6 A
further delegation of such power would indeed constitute a

17
 negation of the duty in violation of the trust reposed in the
delegate mandated to discharge it directly.

3. Non-delegation of legislative power

The general rule against delegation of legislative power is that
Congress may not delegate to administrative agencies the
legislative powers vested in it except when authorized by the
Constitution. The rule is fixed and unalterable, not depending
upon the existence of an emergency. An unconstitutional
delegation of legislative power is not brought within the limits of
permissible delegation by the establishment of procedural
safeguards, the right to judicial review, or by the assumption
that the officer acts and will act for the public good. Such
delegation will violate not only the doctrine of separation of
powers but also the due process guarantee.

4. Doctrine of non-delegation not absolute

a. Delegation to administrative agencies
b. Need for the delegation
c. Requisites for delegation
- The completeness of the statute making the delegation
- The presence of a sufficient standard

Illustrative Cases:
(1)Shipowner questions validity of circular prescribing a
standard contract to be adopted in the hiring of Filipino
seamen for overseas employment (Eastern Shipping
Lines, Inc. vs. POEA)
(2)This is a petition for certiorari and prohibition with
prayer for injunctive relief under Rule 65 of the Rules
of Court to declare R.A. No. 935 (an Act to Improve
the Revenue Collection Performance of the Bureau of
Internal Revenue [BIR] and the Bureau of Customs
[BOC] through the creation of Rewards and Incentives
Fund of a Revenue Performance Evaluation Board and
for Other Purposes) and its Implementing Rules and
Regulations (IRR) unconstitutional, and the
implementation thereof be enjoined permanently
(Bureau of Customs Employees Association [BOCEA]
vs. Teves)

5. Delegation to administrative agencies

In view of the doctrine of separation of powers, administrative
agencies do not possess legislative (or judicial) power in the
strict sense, and such power may not be delegated to them,
except where otherwise provided by the Constitution. However,
limited power may be conferred to carry out the legislative
purpose.
18
 Illustrative Cases:
(1)Statute left it to the sole discretion of the Governor-
General to say what was and what was not “any
cause” for enforcing it (U.S. vs. Ang Tang)
(2)Statute requires every public utility “to furnish annually
a detailed report of finances and operations in such
form and containing such matters as the Board may,
from time to time, by order, prescribe” (Compana
General De Tabacos De Filipinas vs. The Board of
Public Utility Commissioners)
(3)The Probation Act shall apply in those provinces in
which the respective provincial boards have probation
officers (People vs. Vera)
(4)Statute confers on the President authority to create
municipal corporations (Pelaez vs. Auditor-General)
(5)Statute provides for the inspection, grading and baling
of fibers and the creation of a board to carry the law
into effect (Alegre vs. Collector of Customs)
(6)Administrative order implements Reflector Law (Edu
vs. Ericta)
(7)Petitioner, a death convict, assails the constitutionality
of R.A. No. 8177, the Lethal Injection Law, on the
ground, among others, that it unduly delegates
legislative power to respondents Secretary of Justice
and Director of the Bureau of Corrections (Echegaray
vs. Secretary of Justice)

6. Sufficiency of standards
a. Dependent upon certain considerations
b. Detailed standard not required
c. Examples of standards held sufficient
d. Personal judgment of the agency as standard

Illustrative Cases:
(1)“Necessary in the interest of law and order” as a
standard (Rubi vs. Provincial Board of Mindoro)
(2)“Necessary or advisable in the public interest” as a
standard (People vs. Rosenthal and Osmena)
(3) “To promote simplicity, economy and efficiency” as a
standard (Cervantes vs. Auditor General)
(4)“Of a moral, educational, or amusing and harmless
character” as a standard (Mutual Film Co., vs.
Industrial Commission of Ohio)
(5)“To maintain monetary stability, promote a rising level
of production, employment and real income” as a
standard (People vs. Jollife)

19
 (6)“Adequate and efficient instruction” as a standard
(Phil. Association of Colleges and Universities vs.
Secretary of Education)
(7)“Simplicity and dignity” as a standard (Balbuena vs.
Secretary of Education)
(8)“Justice and equity and substantial merits of the case”
as a standard (International Hardwood and Veneer Co.
vs. Pangil Federation of Labor)
(9)“Fair and equitable employment practices” as a
standard (Eastern Shipping Lines, Inc., vs. POEA)
(10) “As far as practicable,” “decline of crude oil prices in
the world market,” and “stability of the peso exchange
rate to the US dollar”, as a standard (Tatad vs.
Secretary of Energy)

7. Restriction on grant of judicial power

The doctrine of separation of powers of government also
operates to restrict the exercise of judicial functions to
administrative agencies. Since the legislature cannot exercise
judicial functions, it certainly is precluded from delegating the
exercise of judicial functions to administrative agencies or
officers.

Illustrative Cases:
(1)Statute empowers Secretary of Public Works and
Communications, after notice and hearing, to remove
unauthorized constructions on public navigable
streams (Lovina vs. Moreno)
(2)Reorganization Plan confers jurisdiction on Regional
Offices of the Department of Labor to decide claims of
laborers for wages, overtime, separation pay, etc.
(Miller vs. Mardo)

8. Law where standard may be expressed or contained

a. Standard may be prescribed in the law itself
b. Standard may be found in other sources

9. Exceptions to rule requiring standards or guides

The following are instances in which uncontrolled discretion
may be vested on administrative agencies:
(1) In the handling of state property or funds;
(2) A power which is not directly or exclusively a legislative one
in the exercise of which the State is supreme and may act at
its pleasure, and which has no relation whatsoever to
personal or property rights, may be delegated without any
standard to guide its exercise. This has been held with
regard to the power to form and consolidate school districts,

20
 and substantially the same principle has been stated in
regard to exclusion of aliens;
(3) In a field which is purely administrative, that is, in regard to a
matter of internal administration, standards may be deemed
unnecessary;
(4) The power of a Board to make recommendations which bind
no one has been held administrative and not legislative, so
that the absence of standards was immaterial;
(5) In matters which are in the nature of privileges as to the
using of property, the engaging in occupations, or the
committing of acts which might well be forbidden altogether,
but which under certain conditions may be harmless or well-
managed;
(6) Where it is impracticable to lay down a definite
comprehensive rule, such as where regulation turns upon
the question of personal fitness; and
(7) Where the act relates to the administration of a police
regulation and is necessary to protect the general welfare,
morals, and safety of the public.

10. Permissible delegation of legislative power under the

Constitution
11. Delegation of legislative powers to local governments
An exception to the general rule against the delegation of
legislative power sanctioned by immemorial practice permits the
central legislative body to make such delegation to local
authorities. This exception is universally recognized for so long
a time that its existence has not been disputed even under
constitutions that do not expressly permit the delegation.

Chapter V – ADMINISTRATIVE PROCEEDINGS

1. Generally
a. Agency acts both in legislative and judicial capacity
b. Fundamental procedural requirements to be observed
c. Proceeding terminates when appeal has been taken

2. Character of proceedings
a. Adversary in nature
b. Quasi-judicial or judicial in nature
c. Civil, not criminal, in nature
d. Not an action at law

3. Jurisdiction
Jurisdiction is the power and authority given by law to hear and
decide a case. It consists of two elements — jurisdiction over
the subject matter, and jurisdiction over the person.

21
 Illustrative Cases:
(1)Undersecretary denied application for transfer of
leasehold right on a ground not contemplated in the
governing Department Order (Republic vs. Eno
Fishpond Corporation)
(2)Parties agreed to have claims of laborers presented to
a labor office for adjudication without expressly
submitting case for arbitration (La Union Labor Union
vs. Fluecuring and Redrying Corp.)
(3)Governing Law expired after Commissioner of
Customs acquired jurisdiction over the case (Roxas
vs. Sayoc)
(4)Director of Patents is asked by intervenor to rule on the
terms and stipulations of an executory contract
whereby intervenor is to act as selling agent for the
investors of the patent (Feliciano vs. Director of
Patents)

4. Procedure to be followed
The procedure to be followed before administrative agencies is
generally not that prescribed for ordinary civil actions.
Administrative procedure may refer to the procedure for
performing purely executive or ministerial functions (e.g.,
issuance of license), or for rule-making, or for adjudication of
disputes.
a. Statute and/or rules
b. Reasonable method
c. Informal methods of adjudication

5. Rules on adjudication under the Administrative Code

The rules are found in Book VII of the Administrative Code of
1987.

6. Controversies among government offices and corporations

a. How settled
b. Disputes involving questions of law
c. Disputes involving questions of fact and law
d. Arbitration
e. Appeals
f. Rules and Regulations

7. Due process of law in administrative adjudication

The right to due process is not merely statutory. It is a
constitutional right. It applies to, and must be observed in
judicial as well as administrative proceedings to every case
which may deprive a person of life, liberty, or property. The
liberality of procedure in administrative actions is still subject to

22
 limitations by the fundamental requirement of this constitutional
guarantee.

Illustrative Case:
Commission conducted an inquiry in the most informal
manner by means only of communications requiring
submission of certain documents (Villa vs. Lazaro)

8. Institution of proceedings
The manner in which proceedings are instituted before an
administrative agency depends upon the purpose served by the
particular agency and the governing statute or rules of the
agency.
9. Necessity for notice and hearing
Aside from statute, the necessity of notice and hearing in an
administrative proceeding depends on the character of the
proceeding and the circumstances involved.

10. Sufficiency of notice

Where a statute or rule provides the manner, form, and time of
notice, the notice must conform with the prescribed provisions,
at least substantially, and a statutory provision may not be
altered by a rule of the agency. A party is entitled to notice,
sufficient in time and contents, to enable him to prepare his
defense or to meet the issues involved.

11. Waiver of right to notice

A failure to comply with the requirements as to notice and
process may result in a failure to acquire jurisdiction. However,
since notice goes to jurisdiction of the person rather than of the
subject matter, the cases recognize that, generally, the right to
notice in an administrative proceeding may be waived.Thus, if a
general appearance is entered, jurisdiction of the person is
conferred even though it was not acquired by proper service of
notice or process.

12. Denial of due process may be cured

What the law prohibits is not the absence of previous notice,
but absolute absence thereof and lack of opportunity to be
heard; or, as has been stated: "[i]n the application of the
principle of due process, what is ought to be safeguarded is not
lack of previous notice but the denial of the opportunity to be
heard." Administrative agencies are not bound by rigid rules of
procedure or technicalities.

13. Elements or essentials of right to hearing

(1) Scope of right. — The right to a full hearing includes the
right of the party interested or affected:
23
 a. to present his case or defense, and submit evidence,
oral or documentary, in support thereof;
b. to know the claims of the opposing party and to meet
them;
c. to cross-examine witnesses for a full and true
disclosure of the facts; and
d. to submit rebuttal evidence.
(2) Actual hearing not always essential.

14. Duty of administrative body to consider the evidence presented

Not only must the party be given an opportunity to present his
case and to adduce evidence tending to establish the rights
which he asserts but the administrative agency must consider
the evidence presented. The right to adduce evidence, without
the corresponding duty on the part of the agency to consider it,
is in vain. Such right is conspicuously futile if the person or
persons to whom the evidence is presented can thrust it aside
without notice or consideration.

15. Investigation and hearing distinguished

"Investigation" by government officials, which may be held in
private are informal proceedings to obtain information to govern
future actions, have no parties, and are not proceedings in
which action is taken against anyone.
In "hearings," there are parties and issues of law and of fact to
be tried and at the conclusion of the hearing, action is taken
which may affect the rights of the parties, and parties are
entitled to be present in person and by counsel, participate in
the hearing, and entitled to be furnished a record of the
proceedings.

Illustrative Case:
Result of investigation conducted by Court of Industrial
Relations’ prosecutor showed employer guilty of unfair
labor practice (National Union of Printing Workers vs.
Asia Printing)

16. Requirement of notice and hearing by law or regulation

a. Where provided by law
b. Where not provided by law
c. Where provided by regulations

Illustrative Case:
Workmen’s Compensation Commission (WCC) dismissed
claim for compensation without passing upon the issue of
denial of due process squarely presented before it
(Bautista vs. Workmen’s Compensation Commission)

24
17. Constitutional requirement of notice and hearing
Notice and hearing, as the fundamental requirements of
procedural due process, are essential only when an
administrative body exercises its quasi-judicial function. In the
performance of its executive or legislative functions, such as
issuing rules and regulations, an administrative body need not
comply with the requirements of notice and hearing.

Illustrative Cases:
(1)Certificate of public convenience was cancelled solely
on the basis of the report of an engineer of the Public
Service Commission (PSC) (Danan vs. Aspillera)
(2)Public Service Commission (PSC) suspended without
a hearing, effectivity of its decision increasing rates to
be charged (Manila Electric Co., vs. Medina)
(3)Public Service Commission (PSC) denied request for a
hearing on rates set by the Commission based on
report of the General Auditing Office (Manila Electric
Co., vs. PSC)
(4)New Board of Commissioners reversed, without notice
and hearing, decision of old Board affirming ruling of
the Board of Special Inquiry that respondents were
Filipino citizens (Commissioner of Immigration vs.
Fernandez)
(5)Energy Regulatory Board relaxed procedure by having
all the evidence-in-chief of all the applications for oil
price increase placed on record just before their
witnesses are cross-examined (Maceda vs. Energy
Regulatory Board)

18. Proceedings in which no hearing is required

a. Due process dependent upon the circumstances
b. Nature of right affected
c. Nature of power exercised
d. Waiver of right

Illustrative Cases:
(1)Passport of petitioner who was charged with seduction
and left the country, was cancelled by the Secretary of
Foreign Affairs without notice and hearing (Suntay vs.
People)
(2)Application for extension of stay of an alien was denied
on the basis of confidential report without conducting
formal hearing on the application (Bisschop vs.
Galang)

19. Applicability of rules governing judicial proceedings

a. Strict legal rules not applicable
25
 b. Due process requirement to be observed

Illustrative Case:
Claim for compensation was dismissed by the Workmen’s
Compensation Commission (WCC) on the basis of the
pleadings submitted by the parties on the ground of
claimant’s non-appearance (Bautista vs. Workmen’s
Compensation Commission)

20. Delegation of authority to hear and receive evidence

a. Essential that judgment and discretion are finally exercised
by proper officer
b. Essential that due process requirements are observed
c. Essential that proper officer acts on his own independent
judgment

Illustrative Case:
Director of Patents delegated the hearing of petitioner’s
cases to hearing officers (American Tobacco Co. vs.
Director of Patents)

21. Evidence in administrative proceedings

a. Application of strict rules of evidence
b. Particular judicial rules
c. Essential rules of evidence
d. Probative value
e. Hearsay rule
f. Admissions and declarations
g. Evidence offered during the hearing
h. Agency files and records
i. Secret or confidential information
j. Quantum of proof

Illustrative Cases:
(1)Taxpayer cannot make use of his books in questioning
the correctness of assessment by BIR agent who lost
said books (Santos vs. Noble)
(2)Faced with the conflict of evidence on the adequacy of
the existing service, the Public Service Commission
(PSC) has sought to discover the truth through an on-
the-ground inspection and observation by its own
agents (Estate pf Florencio P. Buan vs. Pampanga Bu
Co. and La Mallorca)
(3)Court of Industrial Relations authorized lay-off of
workers solely on the basis of an ocular inspection
(Philippine Movie Picture Workers’ Association vs.
Premier Productions, Inc.)

26
 (4)TPU operator did not apply to fill up the deficiency in
the service applied for by another operator granted a
regular certificate of public convenience (Halili vs.
Floro)
(5)Findings of Workmen’s Compensation Commission are
not supported by substantial evidence (Uy vs.
Workmen’s Compensation Commission)

22. Decisions or orders

a. Necessity of findings
b. Form
c. Finality

Illustrative Cases:
(1)Decision of Court of Industrial Relations does not make
findings of facts, basing it on the findings contained in
the report of its hearing examiner (Indias vs.
Philippines Iron Mines, Inc.)
(2)Court of Industrial Relations dismissed for lack of merit
complaint for reinstatement and recovery of unpaid
services, backwages, etc., completely ignoring in the
decision the monetary claims (Gracilla vs. Court of
Industrial Relations)
(3)In its decision denying application, the Public Service
Commission (PSC) did not even bother to refer
individually to the petitioner and to state why his
application is either dismissed or denied (Serrano vs.
Public service Commission)
(4)Secretary of Public Works and Communications
ordered removal of encroachments into a river which is
inside titled property (Heirs of Santiago Pastoral vs.
Secretary of Public Works and Communications)

23. Where administrative agency is a collegiate body

The powers and duties of an administrative agency or board
composed of members or commissioners may not be exercised
by the individual members separately. Their acts are official
only when done by the members convened in session, upon a
concurrence of at least a majority and with at least a quorum
present. Where the action needed is not of the individuals
composing a board but of the official body, the members must
be together and act in their official capacity, and the action
should appear in the records of the Board.

24. Power of administrative agencies to modify their decisions

(1) Conditions. — Broadly expressed, administrative
determinations are subject to reconsideration and changes so
long as no rights have vested in the meantime by reason
27
 thereof, and so long as they have not passed beyond the
control of the administrative authorities, as where the
determinations are not final but interlocutory, or where the
powers and jurisdiction of the administrative authorities are
continuing in character.
(2) Grounds. — In particular, administrative authorities have the
power to modify their determinations on the ground of fraud of
imposition, mistake, surprise, inadvertence, or newly discovered
evidence, or to meet the changed conditions, whether by
reason of express statutory provision granting the power of
revision or by reason of principles applied by courts.

25. Application of the doctrine of res judicata

The doctrine of res judicata provides that a final judgment on
the merits rendered by a court of competent jurisdiction is
conclusive as to the rights of the parties and their privies and
constitutes an absolute bar to subsequent action involving the
same demand, claim, or cause of action.

26. Administrative appeal and review

There are different types and kinds of administrative appeal and
review, namely:
(1) That which inheres in the relation of administrative superior
to administrative subordinate where determinations are
made at lower levels of the same agency or department;
(2) That embraced in statutes which provide for a determination
to be made by a particular officer or body subject to appeal,
review, or redetermination by another officer or body in the
same agency or in the same administrative system;
(3) That in which the statute makes or attempts to make a court
a part of the administrative scheme by providing in terms or
effect that the court, on review of the action of an
administrative agency, shall exercise powers of such extent
that they differ from ordinary judicial functions and involve a
trial de novo of matters of fact or discretion and application
of the independent judgment of the court;
(4) That in which the statute provides that an order made by a
division of a Commission or Board has the same force and
effect as if made by the Commission subject to a rehearing
by the full Commission, for the "rehearing" is practically an
appeal to another administrative tribunal;
(5) That in which the statute provides for an appeal to an officer
on an intermediate level with subsequent appeal to the head
of the department or agency; and
(6) That embraced in statutes which provide for appeal at the
highest level, namely, the President. In order to be entitled
to review by an appellate administrative body of the
determination of a subordinate or another administrative
28
 body, a party must have been affected or aggrieved by it,
and must so prove.

27. Action by administrative appellate tribunal

a. Authority to reverse must be exercised sparingly
b. Review must not be arbitrary
c. Review generally de novo
d. Reviewing officer must be other than officer whose decision
is under review
e. Final and executory decisions not subject to review

28. Enforcement of administrative determinations

Administrative determinations are enforceable only in the
manner provided by statute. If the statute has failed to provide a
remedy for their enforcement, they are unenforceable. Some
determinations are not to be enforced at all in an ordinary
sense of that term. Their only sanction is the force of public
opinion invoked by the fairness of a full hearing, the intrinsic
justice of the conclusion strengthened by the official prestige of
the tribunal, and the full publication of any violation of the
decision.
In the absence of statute, administrative authorities may not
enforce their own determinations, but statutes frequently invest
them with power of enforcement.

Illustrative Cases:
(1)Collector of Customs imposed fine in the belief that he
had such authority because the law failed to provide
the machinery for the enforcement of its penal
provisions (Weigall vs. Shuster)
(2)The Civil Aeronautics Board imposed a fine on the
Philippine Air Lines for making a flagstop without first
obtaining permission form the Board (Civil Aeronautics
Board vs. Philippine Air Lines)
(3)An alien was prosecuted, without the intervention of
the Commissioner of Immigration, by Fiscal for non-
exhibition of his alien certificate of registration (Yao Git
vs. Geraldez)
(4)The constitutionality of law empowering the Workmen’s
Compensation Commission to execute its awards is
questioned (Apelega vs. Dizon)
(5)Former employee seeks, without an ordinary action,
issuance by a court of a writ of execution of a
“decision” rendered by the Wage Administration
Service against hi employer (Potente vs. Saulog
Transit, Inc.)

29
Chapter VI – JUDICIAL REVIEW OF, OR RELIEF AGAINST,
ADMINISTRATIVE ACTIONS
1. Concept of judicial review
The term "judicial review" may embrace any form of judicial
scrutiny of a matter which arises when such action is brought
into question before a court.

2. Purposes of judicial review

Administrative agencies have their source in necessity, to
perform functions which are beyond the capacity of the courts,
and the role of the courts in regard to administrative action is
the accommodation of the administrative process to the
traditional judicial system and to reconcile democratic
safeguards and standards of fair play with the effective conduct
of government.

3. Right to judicial review

The "right to judicial review" has reference both to the power
and right of the court to grant the review sought and the right in
the person who invokes the power of the court.

4. Rules governing appeals from judgments of quasi-judicial

agencies
The following are the rules governing appeals from awards,
judgments, final orders or resolutions of, or authorized by, any
quasi-judicial agency in the exercise of its quasi-judicial
functions.
Among these agencies are the Civil Service Commission,
Central Board of Assessment Appeals, Securities and
Exchange Commission, Land Registration Authority, Social
Security Commission, Office of the President, Civil Aeronautics
Board, National Telecommunications Commission, Department
of Agrarian Reform under R.A. No. 6657, Government Service
Insurance System, Employees' Compensation Commission,
Agricultural Inventions Board, Insurance Commission,
Philippine Atomic Energy Commission, Board of Investments,
and Construction Industry Arbitration Commission.

5. Administrative findings and constructions generally conclusive

In reviewing administrative decisions, the reviewing court
cannot reexamine or weigh once more the factual basis and
sufficiency of the evidence submitted before the administrative
body and substitute its own judgment for that of said body or to
receive additional evidence that was not submitted to the
administrative agency concerned.

Illustrative Cases:

30
 (1)Judicial review by the Supreme Court is questioned on
the ground that it is not provided by governing statute
(San Miguel Corp. vs. Secretary of Labor)
(2)Lower court issued an injunction to restrain
implementation the order of the Secretary of
Education, Culture and Sports directing the closure of
a medical college (Board of Medical Education vs.
Alfonso)
(3)There is conflict between the Food and Drug
Administration and the Mayor of Olongapo City over
the power to grant and revoke licenses for the
operation of drugstores in the city (Gordon vs.
Veridiano II)
(4)A party appealed the decision of the Secretary of
Agriculture and Natural Resources to the Office of the
President after said decision has become final and
executory (Macailing vs. Andrada)

6. Finality of administrative action for purposes of review

Courts are reluctant to interfere with action of an administrative
agency prior to its completion or finality, the reason being that
absent a final order or decision, power has not been fully and
finally exercised, and there can usually be no irreparable harm.
It is only after judicial review is no longer premature that a court
may ascertain in proper cases whether the administrative action
or findings are not in violation of law, or are free from fraud or
imposition or find substantial support from the evidence.

Illustrative Cases:
(1)Judge entertained a suit for prohibition involving a
decision of the Secretary of Labor in a labor case,
which decision had already attained the status of
finality (Nation Multi-Service Labor Union vs. Agcaoili)
(2)Philippine Air Lines, Inc. filed a special civil action of
certiorari to set aside an order of the Civil Aeronautics
Board granting provisional authority to an air line
operator to operate aircrafts, alleging denial of due
process (Philippines Air Lines, Inc. vs. Civil
Aeronautics Board)

7. Exceptions to doctrine of finality

a. Review at an initial or intermediate stage of administrative
action
b. Review allowed by statutory provisions

8. Timing of application to courts

These problems are governed by three main doctrines:

31
 (1) The doctrine of primary jurisdiction is not concerned with
judicial review but determines in some circumstances
whether initial action should be taken by a court or by an
administrative agency.
(2) The doctrine of exhaustion of administrative remedies is
designed primarily to control the timing of judicial relief from
adjudicative action of an agency. It is customarily applied to
adjudication and not to rule-making.
(3) The doctrine of ripeness for review is, in essence, the same
as that of exhaustion of administrative remedies, except
that it applies to rule making and to administrative action
which is embodied neither in rules or regulations nor in
adjudication or final orders.

9. Doctrine of primary jurisdiction

This principle has been also referred to as the doctrine of prior
resort, or exclusive administrative jurisdiction, or preliminary
resort. The term "primary jurisdiction" is the most common in
recent treatment of the subject. It usually refers to cases
involving specialized disputes which are referred to an
administrative agency of special competence to resolve the
same.

10. Application of the doctrine

a. Where elements of administrative discretion important
considerations
b. Where reasons for doctrine inapplicable

11. Doctrine of exhaustion of administrative remedies

The doctrine of exhaustion of administrative remedies requires
that where a remedy within an administrative agency is
provided or available against the action of an administrative
board, body, or officer, and can still be resorted to by giving the
said agency every opportunity to decide correctly a given
matter that comes within its jurisdiction, relief must be first
sought by availing this remedy before bringing an action in or
elevating it to the courts of justice for review. The thrust of the
doctrine is to allow first the administrative agency to carry out its
functions and discharge its responsibilities within the
specialized areas of its competence before resort can be made
to the courts.

12. Legal and practical reasons for doctrine

(1) It determines at what stage a person may secure review of
administrative action and is concerned with promoting
proper relationships between the courts and administrative
agencies charged with particular regulatory duties.
(2) It involves a policy of:
32
 - orderly procedure which favors a preliminary
administrative sifting process, particularly with respect to
matters peculiarly, within the competence of administrative
authorities who are presumed to be experts in their
respective fields of specialization, and, therefore, their
decisions should, as a rule not be disturbed by the courts of
justice, which cannot claim similar knowledgeability;
- avoidance of interference with functions of the
administrative agency by withholding judicial action until the
administrative process has run its course; and
- prevention of attempts "to swamp the courts" by a resort to
them in the first instance.
(3) It is not without its practical reasons; for one thing,
availment of administrative remedy entails lesser expenses
and provides for a speedier disposition of controversies.
(4) It is founded not only on practical consideration but also on
comity existing between different departments of
government which comity requires that the courts stay their
hands until the administrative processes have been
completed. Thus, one of the reasons for the doctrine of
exhaustion is the separation of powers which enjoins upon
the judiciary a becoming policy of noninterference with
matters primarily (albeit not exclusively) within the
competence of the other departments.
(5) It is based not only on respect for a co-equal office in the
government and deference to its acts but likewise on
convenience of the party litigants.
(6) It is sometimes said to rest upon the presumption that
official acts are correct and lawful, and that if an error has
been committed by subordinates, the administrative
superiors, if given the appropriate opportunity to pass upon
the matter, will decide the same correctly, or correct any
previous error, if any, committed in the administrative forum,
thus rendering judicial intervention unnecessary.
(7) Sometimes too, the application of the doctrine has been
spoken of in terms of waiver by the party not resorting to the
administrative process.
(8) The doctrine is merely one aspect of the broader doctrine
which requires final administrative action as a pre-condition
or prerequisite of judicial review. Decisions of administrative
agencies are usually questioned in the special civil actions
of certiorari, prohibition, and mandamus which are allowed
only when there is no plain, speedy and adequate remedy
available to the petitioner, that is, a remedy that will
promptly relieve the petitioner from the injurious effects of a
judgment, order, resolution, or rule of the agency.

3. Application of the doctrine

33
 a. As a prerequisite of judicial review
b. As affecting one’s cause of action

4. Instances where doctrine has been applied

5. Exceptions to the doctrine
6. Exhaustion doctrine and primary jurisdiction doctrine
distinguished
(1) The doctrine of exhaustion of administrative remedies is
invoked as a defense to judicial review of an administrative
action not as yet deemed complete. It applies where the
claim or matter is cognizable in the first instance by an
administrative agency alone. In such case, judicial
interference is withheld until the administrative process has
run its course. The administrative agency alone must have
authority to pass, on every question raised by a person
resorting to judicial relief, enabling the court to withhold its
aid entirely until administrative remedies have been
exhausted. Thus, the doctrine is not applicable where the
issue is purely legal (e.g., action for damages beyond the
power of the administrative agency to award) within the
jurisdiction of the courts. It is not also applicable where a
party has a right of election between an administrative and
judicial remedy.
(2) Questions of primary jurisdiction, on the other hand, arise
where both the court and administrative agency have
jurisdiction to pass on a question which in a particular case
is presented to the court as an original matter, rather than a
matter of review. It usually relates to particular issues in a
proceeding rather than the entire proceeding and typically
operates through a suspension of the judicial process
pending referral of such issues to the administrative
agency. It is applied in the face of statutes purporting to
permit a choice of remedies.

Illustrative Cases:
(1)Race-horse owner did not move for the reconsideration
of the cancellation of his horse’s certificate of
registration nor appeal to superior administrative
agency before instituting a suit in court for damages
(Quintos, Jr. vs. National Stud Farm)
(2)Action for rescission of an agreement concerning a
coal operating contract over coal blocks or areas was
filed in court (Industrial Enterprises, Inc. vs. Court of
Appeals)

7. Relation between exhaustion doctrine and due process concept

(1) The first applies when the ruling court or tribunal is not given
the opportunity to re-examine its findings and conclusions
34
 because of an available opportunity that a party seeking
recourse against the court or the tribunal's ruling omitted to
take.
(2) Under the concept of "due process," on the other hand, a
violation occurs when a court or tribunal rules against a
party without giving him or her the opportunity to be heard.
Thus, the exhaustion principle is based on the perspective
of the ruling court or tribunal, while due process is
considered from the point of view of the litigating party
against whom a ruling was made. The commonality they
share is in the same "opportunity" that underlies both.

8. Doctrine of ripeness for judicial review

This doctrine, like that of exhaustion of administrative remedies,
determines the point at which courts may review administrative
action except that the former applies to administrative action
other than adjudication.

9. Application of the doctrine

10. Ripeness doctrine and exhaustion doctrine distinguished
(1) The ripeness focus is upon the nature of the judicial process
— upon the types of functions the courts should perform.
The exhaustion focus, on the other hand, is upon the
relatively narrow question of whether a party should be
required to pursue an administrative remedy before going to
court.
(2) The ripeness doctrine is applied to rule-making and
administrative action not involving rule-making and
adjudication. The exhaustion doctrine is customarily applied
to adjudicative action of an administrative agency.

11. Ripeness doctrine and primary jurisdiction doctrine

distinguished
(1) Both ripeness and exhaustion doctrines determine at what
stage a party may secure judicial review of administrative
action. The doctrine of primary jurisdiction determines
whether the court or the agency should make the initial
decision.
(2) Questions of ripeness and exhaustion may arise whenever
judicial review of administrative action is available. But
questions of primary jurisdiction arise only when
administrative and judicial jurisdictions are concurrent for
the initial decision of some questions. The function of
primary jurisdiction is merely to determine which tribunal
shall make the initial determination and not which shall
make the final determination; the question is whether the
court will refuse to act at all.

35
12. Scope and extent of judicial review
a. Types of agency determination for purposes of judicial
review
b. General frame of power
c. Review is limited

13. Judicial review does not import trial de novo

Judicial review of executive or administrative decisions does not
import a trial de novo {i.e., a review of the evidence all over
again) but only an ascertainment of whether the administrative
findings are not in violation of the Constitution or of the laws,
and are free from fraud or imposition, and whether they find
reasonable support in evidence.

14. Methods or modes of relief or review

(1) direct or collateral (or indirect), included in this latter method
damage suits against the agency or its officials and actions
for restitution;
(2) statutory or non-statutory, including in this latter term any
remedy not specifically made available by a statute relating
to action of an administrative agency or agencies.

15. Statutory methods of review

a. Where remedy itself governed by statute
b. Where proceedings in court required by statute for
enforcement of administrative decision
c. Where direct judicial review afforded by legislation providing
generally for such review

16. Non-statutory methods of review

In the absence of a statutory provision for review, relief may be
had in appropriate cases by means of the common law or
prerogative writs such as certiorari, mandamus, habeas corpus,
quo warranto, and prohibition.

17. Relation between the two(2) methods

(1) Where a statute relating to the administrative agency
provides a direct method of judicial review of agency action
and is applicable, such method of review may be regarded
as exclusive and to preclude the use of any other or non-
statutory method.
(2) Some cases hold, not that the statutory method of review is
exclusive, but that it must be exhausted as a prerequisite to
judicial relief by some other methods.
(3) In some instances, the existence of a statutory review has
not precluded review by means other than as provided in
the statute especially as to acts which are entirely
unwarranted or where exceptional circumstances exist, and
36
 inadequacy of the statutory remedy may provide a basis for
relief by some other method.

Illustrative Cases:
(1)Appeal – Appeal to the courts was taken within
reglementary period of 30 days counted not from the
receipt of the decision, but from the denial of the
motion for reconsideration of the decision of the
Secretary of Agriculture and Natural Resources
(Secretary of Agriculture and Natural Resources vs.
Judge of the Court of First Instance)
(2)Appeal – Form of petition against Court of Industrial
Relations is that of a special civil action of certiorari but
appeal by certiorari is intended (Elks Club vs. Rovira)
(3)Certiorari – Petitioners invoke Supreme Court’s
certiorari jurisdiction over the Commission on
Elections, not its appellate jurisdiction (Araruc vs.
Commission on Elections)
(4)Certiorari – The Supreme Court passed upon not only
the legal issues involved but also the findings of facts
upon which the decision of the Court of Tax Appeals is
based (Collector of Internal Revenue vs. Eznar)
(5)Certiorari – Petitioner filed a Petition for Review before
the Court of Appeals of the Resolution of the Secretary
of Justice affirming the dismissal of a criminal case
(Barangay Dasmarinas vs. Creative Play Corner
School)
(6)Mandamus – Petition asks the Supreme Court to order
the Secretary of Interior to confirm the final results of
the physician’s examinations (Blanco vs. The Board of
Medical Examiners)
(7)Mandamus – Court granted petition asking it to order
the Philippine Veterans Board to release treasury
warrants the preparation of which was made by
mistake (Policarpio vs. Philippine Veterans Board)
(8)Mandamus – Petitioner filed a petition for certiorari and
mandamus under Sections 1 and 3 of the Rules of
Court, assailing the Ombudman’s two (2) resolutions
which granted respondents immunity from prosecution
resulting in the respondent’s exclusion from the
criminal information filed before the Sandiganbayan
(Quarto vs. Marcelo)
(9)Prohibition - Petition asks the Supreme Court to
prohibit the Deportation Board continuing deportation
proceedings against petitioner who claims to be a
Filipino citizen (Chua Hiong vs. Deportation Board)
(10) Prohibition – Petition asks the Supreme Court to
prohibit the Secretary of Labor from renewing license
37
 to recruit laborers or issuing new license (Cabanero
vs. Torres)
(11) Prohibition – Petitioners filed a petition for
declaratory relief assailing the validity of the impending
imposition of value-added tax (VAT) by the Bureau of
Internal Revenue (BIR) on the collection of tollway
operators (Diaz vs. Secretary of Finance)
(12) Injunction – Petition prays for the return to petitioner
of his radio transmitters seized under a search warrant
(Lemi vs. Valencia)
(13) Injunction – Petition for certiorari seeks to nullify
resolution of Court of Tax Appeals restraining the
Collector of Internal Revenue from collecting taxes
allegedly due from a taxpayer (Collector of Internal
Revenue vs. Reyes and Court of Appeals)
(14) Injunction – The Presidential Commission on Good
Government (PCGG) assails, in its Petition for
Certiorari and Prohibition with Urgent Prayer for
Temporary Restraining Order and/or Writ of
Preliminary Injunction, among others, the issuance by
the Sandiganbayan of the writ of preliminary
mandatory and prohibitory injunction against the
implementation of the Sequestration and Freeze Order
(SFO) of the PCGG directed against the assets and
properties of Tourist Duty Free Shops, Inc. (TDFSI) for
being ill-gotten wealth (Presidential Commission on
Good Government vs. Sandiganbayan)
(15) Declaratory Relief – Complaint prays that plaintiff be
declared a Filipino citizen and entitled to acquire lands
of the public domain (Azajar vs. Ardales and Bureau of
Lands)
(16) Declaratory Relief – Petition prays that the Court of
First Instance of Manila declare of the Commissioner
of Immigration has a right to limit period of stay in the
Philippines of petitioners as immigrants, and if opinion
of the Secretary of Justice on the same subject matter
is valid and constitutional (Chang Yung Pa vs.
Guanzon)
(17) Habeas Corpus – Alien who was ordered to be
deported had been in detention for more than two (2)
years because the Government had been unable to
ship him abroad (Mejoff vs. Director off Prisons)
(18) Habeas Corpus – Respondent filed an action for
declaratory judgment to test the legality of his
detention by immigration authorities (Board of
Immigration Commissioners vs. Domingo)

18. Questions open to review

38
 The questions presented to administrative agencies, and thus,
those as to which the problems of judicial review arise, are
generally recognized to be of three kinds or types: matters of
law, matters of fact, and matters of discretion.

Illustrative Cases:
(1)Petition for certiorari seeks the annulment of
decision of the Office of the President, alleging it
was rendered with abuse of discretion and in
excess of jurisdiction (Ignacio vs. Court of
Appeals)
(2)Director of Lands rejected sale application for a
tract of public land on his conclusion from the
facts found that applicant was a Chinese citizen
(Orlina vs. Singson Encarnacion)
(3)The charge of unfair labor practice is based on
the bare testimony of complainants (Gonzales
vs. Victory Labor Union [VICLU])
(4)Bristish subject under detention was denied entry
by the Board of Special Inquiry on the ground
that he was a person of Chinese descent
(Edwards vs. McCoy)
(5)Workmen’s Compensation Commission
concluded, in the circumstances, that the death
of a street cleaner or sweeper was not caused by
the nature of his work (Lambino vs. Baens del
Rosario)

19. Grounds which would warrant reversal of administrative

findings
(1) The conclusion is a finding grounded on speculations,
surmises and conjectures;
(2) The inferences made are manifestly mistaken, absurd, or
impossible;
(3) There is a grave abuse of discretion;
(4) The judgment is based on misapprehension of facts or the
findings of facts are conflicting;
(5) The agency (or the Court of Appeals) overlooked certain
facts of substance and value which if considered would
affect the result of the case or justify a different conclusion;
(6) The agency in arriving at its findings went beyond the
issues of the case and the same are contrary to the
admissions of the parties or the evidence presented;
(7) The findings are conclusions without citation of specific
evidence on which they are based;
(8) The findings of facts are premised on the supposed
absence of evidence and contradicted by the evidence on
record;
39
 (9) The facts set forth in the petition as well as the petitioner's
main and reply briefs are not disputed by the respondent;
(10) The agency has sustained irregular procedures and
through the invocation of summary methods, including rules
on appeal, has affirmed an order which tolerates a violation
of due process; and
(11)The rights of a party were prejudiced because the
administrative findings, conclusions or decisions were in
violation of constitutional provisions, in excess of statutory
authority or jurisdiction, made upon irregular procedure,
vitiated by fraud, imposition or mistake, not supported by
substantial evidence adduced at the hearing or contained in
the records or disclosed to the parties, or arbitrary, or
capricious.

20. Substantial evidence rule

The substantial evidence rule provides the most generally
applied standard governing the review of administrative action.
The rule is a compromise between opposing theories of a broad
or de novo review of administrative actions and restricted
review or complete abstention. It holds that administrative
determinations are final and conclusive upon the courts and
must be sustained if supported by substantial evidence upon
the whole record even if such evidence be not overwhelming or
preponderant in the absence of any of the established
exceptions calling for judicial review.

21. Justifiable decision or conclusion to the contrary not precluded

"Substantial evidence" has been described as such evidence as
will establish a substantial basis of fact from which the fact at
issue can be reasonably inferred. The evidence need not be
such as to preclude a justifiable decision to the contrary. Thus,
where there were two expert witnesses as to causal relation
between disease and exposure and the testimonies of such
witnesses were diametrically opposed, the decision of the
commissioner based upon the testimony of one such witness
was held reasonably supported by substantial evidence.

22. Test to be applied

The test is whether the evidence reasonably tends to support
the administrative decision or findings, or, whether the decision
is not clearly contrary to the overwhelming weight of the
evidence.

23. Hierarchy of evidentiary values

Consequently, in the hierarchy of evidential values, we find
proof beyond reasonable doubt at the highest level followed by
clear and convincing evidence, preponderance of evidence,
40
 and substantial evidence, in that order. It is a fundamental
principle of administrative law that the administrative case may
generally proceed against a respondent independently of a
criminal action for the same act or omission and requires only
substantial evidence to establish administrative guilt as against
proof beyond reasonable doubt of the criminal charge.

Illustrative Cases:
(1)Court of Industrial Relations found that the
company made a promise that a bonus of one
(1)-month salary would be distributed to all its
low-salaried employees year as long as the
company would realize sufficient profits (H.E.
Heacock Co. vs. National Labor Union)
(2)In reversing the Energy Regulatory Board (ERB),
the Court of Appeals avers that there is no
substantial evidence to support ERB’s finding of
public necessity to warrant approval of Shell’s
application to construct a gasoline service station
and that said proposed station would cause
ruinous competition to respondent’s outlet in the
subject vicinity (Energy Regulatory Board vs.
Court of Appeals)
(3)Respondent claimed that the administrative
complaint against him should be dismissed in
view of the failure of the prosecution in the
criminal case involving the same violation to
prove its case against him (Office of the Court
Administrator vs. Lopez)

24. When rule not applicable

The substantial evidence rule has been held inapplicable in the
following cases:
(1) Where the statute provides for a trial de novo in which the
rule shall not be invoked;
(2) Where the statute has specified a standard of proof required
for administrative determination, that is, the agency is
required to make a finding "by the preponderance of
evidence";
(3) Where the suit is not for review of the administrative order
and is independent of the proceedings in which the
administrative ruling under attack was rendered;
(4) Where constitutional or jurisdictional facts are involved; and
(5) Where property rights rather than privileges are involved.

Illustrative Cases:
(1)En banc order of Public Service Commission
setting aside a decision of its division does not
41
 recite any circumstance to justify reversal
(Caspena vs. Salisi)
(2)There is substantial evidence supporting
administrative decision that the stream in which
dams where illegally constructed is not private
property but a public navigable river; however,
administrative investigation conducted was in
violation of the requirements of due process
(Borja vs. Moreno)

25. Liability of administrative agencies and officers

The doctrine of judicial immunity from suit extends generally to
governmental officials in respect to their acts of a discretionary,
judicial, or quasi-judicial nature.

THE LAW ON PUBLIC OFFICERS

Chapter I — DEFINITIONS, DISTINCTIONS, AND

CLASSIFICATIONS
1. Meaning of office
An office may be defined to be that position or function by virtue
of which a person has some employment in the affairs of
another, whether the incumbent is selected by appointment or
by election, and whether he is appointed during the pleasure of
the appointing power or for a fixed term.

2. Meaning of public office

A public office is the right, authority, and duty created and
conferred by law, by which for a given period, either fixed by
law or enduring at the pleasure of the appointing power, an
individual is invested with some portion of the sovereign
functions of the government, to be exercised by him for the
benefit of the public.

3. Purpose and nature of public offices

The purpose and nature of public office is grounded on it being
a public trust.

4. Public office, as a public trust

a. Holders regarded as public servants.
b. Holders subject to highest standards of accountability and
service.

5. Public office, not property

a. Holder subject to removal or suspension according to law.
b. Holder without vested right in any public office.

42
 c. Holder’s right in nature of privilege entitled to protection
d. Holder’s right personal to him

Illustrative Case:
A subsequent law changes the tenure of offices of
justices and auxiliary justices of the peace (Segovia vs.
Noel)

6. Public office, not a contract

a. Creates no contractual relation between holder and the
public.
b. Exists by virtue of some law
c. Generally entitles holder to compensation

7. Public office and public contract distinguished

A public office embraces the idea of tenure, duration, and
continuity, and the duties connected therewith are
generally continuing and permanent. A contract on the
other hand, is almost always limited in its duration and
specific in its objects. Its terms define and limit the rights
and obligations of the parties, and neither may depart
therefrom without the consent of the other.

8. Public office and public employment distinguished

Public office is, in a sense, an employment, and is very
often referred to as such. Although every public office
may be an employment, every public employment is not
an office. A man may certainly be employed under a
contract, express or implied, to perform a service without
becoming an officer. It is the nature of the office, the
powers wielded, and the responsibilities carried out that
are the key considerations.

9. Essential elements of a public office

(1) It is created by the Constitution or by law or by some body
or agency to which the power to create the office has been
delegated;
(2) It must be invested with an authority to exercise some
portion of the sovereign power of the State to be exercised for
public interest;
(3) Its powers and functions are defined by the Constitution, or
by law, or through legislative authority;
(4) The duties pertaining thereto are performed independently,
without control of a superior power other than law, unless they
are those of an inferior or subordinate officer, created or
authorized by the legislature and placed by it under the general
control of a superior officer or body; and

43
 (5) It is continuing and permanent in nature and not occasional
or intermittent.

10. Creation of public office

An office is created by some constitutional or statutory
provision or by authority conferred by it.

11. Modification or abolition of public offices

The power to create an office generally includes the
power to modify or abolish it; and the power to create and
abolish offices carries with it the power to fix the number
of positions and the salaries or emoluments of the holders
thereof and to provide funds for the offices created. The
power is inherently legislative.

12. Exercise of sovereign powers and functions

There is implied in every public office an authority to
exercise some portion of the sovereign power of the State
in making, executing, or applying the law. This investment
of the incumbent with some of the functions pertinent to
sovereignty is one of the most important criteria of public
office.

13. Tenure and duration

a. Existence of definite tenure not material.
b. Continuance of office holder not material.
c. Permanence of office not material.

14. Meaning of officer/public officer/employee

The term officer is one inseparably connected with an
office, and so it may be said that one who holds a "public
office," as that term is herein before defined, is a public
officer. Where there is no office, there can be no public
officer. A public officer is such an officer as is required by
law to be elected or appointed, who has a designation or
title given to him by law, and who exercises functions
concerning the public, assigned to him by law.

15. Officer and employee distinguished

An "officer" is distinguished from an "employee" in the
greater importance, dignity, and independence of his
position, being required to take an official oath, and
perhaps give an official bond, and in the liability to be
called to account as a public offender for misfeasance or
nonfeasance in office. Moreover, a public officer must be
invested by law with a portion of the sovereignty of the
State, and authorized to exercise functions either of an
executive, legislative, or judicial character.
44
16. Meaning of public official
A public official has been defined as an officer of the
Government itself, as distinguished from the officers and
employees of instrumentalities of government. Hence, the
duly authorized acts of the former are those of the
government, unlike those of government instrumentality
which may have a personality of its own, separate and
distinct from that of the government, as such.

17. Classification of public offices/public officers

1. As to nature of functions:
a. Civil officer
b. Military officer
2. As to creation:
a. Constitutional officer
b. Statutory officer
3. As to the department of government to which it
belongs:
a. Legislative officer
b. Executive officer
c. Judicial officer
4. As to branch of government served:
a. National officer
b. Local officer
5. As to whether exercise of discretion is required:
a. Quasi-judicial officer
b. Ministerial officer
6. As to compensation
a. Lucrative office, office of profit, or office couples
with an interest
b. Honorary office

Chapter II — ELIGIBILITY AND QUALIFICATIONS

A. In General
1. Meaning of eligibility/eligible/ineligibility/ineligible
1. Eligibility is the state or quality of being legally fitted or
qualified to be chosen. Eligibility to a public office is of a
continuing nature and must exist both at the
commencement and during the occupancy of an office.
2. Eligible means legally fitted or qualified to hold an
office. Under the Administrative Code of 1987, it is used
to refer to a person who obtains a passing grade in a civil
service examination or is granted a civil service eligibility
and whose name is entered in the register of eligibles.

45
 3. Ineligibility, on the other hand, refers to the lack of the
qualifications prescribed by the Constitution or applicable
law for holding public office.
4. The word ineligible has been defined as follows:
(a) "Legally or otherwise disqualified to hold an office";
(b) "Disqualified to be elected to an office"; and
(c) "Disqualified to hold an office, if elected or appointed
to it."

2. Meaning of qualification
It may refer to the act which a person, before entering
upon the performance of his duties, is, by law, required to
do, such as the taking, and often, of subscribing and filing
of an official oath, and, in some cases, the giving of an
official bond.

3. Nature of right to hold public office

a. Not a natural right.
b. Not a constitutional right.

4. Power of Congress to prescribe qualifications

Congress is generally empowered to prescribe the
qualifications for holding public office, provided it does not
exceed thereby its constitutional powers or impose
conditions of eligibility inconsistent with constitutional
provisions. Qualifications for office must have a rational
basis. There must be a rational nexus between any
requirements and duties of the position in question.

Illustrative Case:
An unqualified person was appointed in an acting
capacity (Ignacio vs. Banate, Jr.)

5. Power of Congress to prescribe disqualifications

In the absence of constitutional inhibition, Congress has
the same right to provide disqualifications that it has to
provide qualifications for office. However, Congress may
not add disqualifications where the Constitution has
provided them in such a way as to indicate an intention
that the disqualifications provided shall embrace all that
are to be permitted. Moreover, when the Constitution has
attached a disqualification to the holding of any office,
Congress cannot remove it under the power to prescribe
qualifications as to such offices as it may create.

Illustrative Case:
Act adds grounds of disqualification of a Supreme Court
Justice (Vargas vs. Rilloraza)
46
6. Construction of restrictions on eligibility
a. Presumption in favor of eligibility
b. Basis of presumption
c. Rule of liberal construction

7. Time of possession of qualifications

a. Where time specified by Constitution or law.
b. Where Constitution or law is silent.
c. When qualifications must always exist.

8. Removal of disqualifications during term

The courts have not agreed as to the effect of removal by an
office holder of his disqualifications after the commencement of
the term of office and during its continuance. Some courts hold
that such removal validates the title of the incumbent, while
others take the contrary view, depending on the nature of the
disqualification, the mode of removing it, the time at which it is
removed, and the like.

Illustrative Case:
Elected mayor was less than the minimum age
requirement of twenty-three when proclaimed elected
(Castaneda vs. Yap)

B. Particular Qualifications and Disqualifications

1. Qualifications usually required of public officers
a. Citizenship
b. Age
c. Right of suffrage
d. Residence
e. Education
f. Ability to read and write
g. Political affirmation
h. Civil service examination

2. Religious qualifications prohibited

Our Constitution expressly provides that "no religious test
shall be required for the exercise of civil or political rights”.

3. Power of Congress to impose property qualifications

The fundamental law of some states in the United States
prohibits the imposing of a property qualification as a
condition of eligibility to public office. A prohibition of this
character has been construed as applying only to offices
provided for in the Constitution, as distinguished from
offices created by the legislature. Holders of public office,

47
 or of particular public offices, have in some jurisdictions
been required to be freeholders.

4. Qualifications prescribed by the Constitution for certain officers

a. President and Vice-President
b. Senators
c. Members of the House of Representatives
d. Members of the Supreme Court and lower collegiate
court
e. Chairman and Commissioners of the Civil Service
f. Chairman and Commissioners of the Commission of
Elections
g. Chairman and Commissioners of the Commission of
Audit
h. Chairman and Members of the Commission on Human
Rights
i. Ombudsman and his deputies

5. Qualifications prescribed by law for certain officers

a. Secretaries of Departments
b. Presiding Justice and Associate Justices if the Court of
Appeals
c. Judges of Regional Trial Courts
d. Judges of the Metropolitan Trial Courts, Municipal Trial
Courts, and Municipal Circuit Trial Courts
e. Elective Local Officials
f. Members of the Board of Election Inspectors

6. Disqualifications to hold public office

a. Mental or physical incapacity
b. Misconduct or crime
c. Impeachment
d. Removal or suspension from office
e. Previous tenure of office
f. Consecutive terms
g. Holding more than one office
h. Relationship with the appointing power
i. Office newly created or the emoluments of which have
been increased
j. Being an elective official
k. Having been a candidate for any elective position
l. Under the Local Government Code

Chapter III — ACQUISITION OF RIGHT OR TITLE TO OFFICE

A. In General
1. Modes of commencing official relations
A public office, being a trust or agency created for the
benefit of the people, can be obtained only in the manner
48
 prescribed by the Constitution or by law. An official power
cannot exist in any person by his own assumption or by
the employment of some other private person not
authorized by law to make the appointment. The manner
of selecting persons for public office is generally by
election or by appointment.

2. Meaning of appointment
Appointment is the act of designation by the executive
officer, board, or body to whom that power has been
delegated, of the individual who is to exercise the powers
and functions of a given office. In this sense, it is to be
distinguished from the selection or designation by a
popular vote.

3. Where appointing power resides

a. Inherently belongs to the people
b. Entrusted to designated elected and appointed public
officials

4. Appointing power generally regarded as an executive function

Under a constitution calling for a separation of powers
among the three branches of government, it has been
said that the creation of a public office is a legislative
function; the appointment of a particular person to an
office is an executive function; and the legislature may
confer this power of appointment on the President or on
another public officer or board within the executive
department.

5. Power to appoint discretionary

a. Power of courts to review appointment
b. Power of the Civil Service Commission to revoke
appointment

Illustrative Case:
(1)Law provides for drawing of lots by district judges as a
means of determining the districts to which they may be
assigned (Concepcion vs. Paredes)
(2)Secretary of Education appointed respondent instead of
petitioner who was recommended by the Director of Public
Schools (Reyes vs. Abeleda)
(3)Appointee was not recommended as required by Section 13
of law (Cuyegkeng vs. Cruz)
6. Power may be absolute or conditional

49
 1. Where the power is absolute, the choice of the
appointing authority if it falls upon an eligible person, is
conclusive.
2. The power is conditional where assent or approval by
some other officer or body is necessary to complete the
appointment, as in the case of the power to appoint of the
President with respect to certain public officers which,
under the Constitution, he shall exercise "with the consent
of the Commission on Appointments." The commission
can issue or the appointment may be complete only when
such assent or confirmation is obtained.

7. Restrictions on the power to appoint

A public officer entrusted with the power of appointment should
exercise it with disinterested skill and in a manner primarily for
the benefit of the public, for it is the policy of the law to secure
the utmost freedom from personal interest in such appointment.
Thus, it is contrary to public policy to permit an officer having an
appointing power to use such power to confer an office on
himself.

8. When appointment deemed complete

a. Not subject to confirmation
b. Subject to confirmation
c. Approval by the Civil Service Commission
d. Effects of completed appointment

9. Acceptance of appointment
a. Not necessary to completion or validity of appointment
b. Necessary to possession of office

10. Form of acceptance

1. Express or when done verbally or in writing. The best
formal evidence of the acceptance is undoubtedly the
qualification of the officer appointed by taking the oath of office.
In some instances, the law requires that a bond be posted; or
2. Implied or when, without formal acceptance, the
appointee enters upon the exercise of the duties and functions
of an office. Since acceptance must logically follow the election
or appointment, and not precede it, it is obvious that the mere
seeking for the office or the consent to be voted or appointed,
though it may imply a promise to accept if elected or appointed,
does not of itself amount to an actual acceptance of the office.

11. Obligation of elected or appointed individual to accept office

a. Generally not subject to compulsion
b. Obligation in the nature of a social duty

50
12. Necessity of written appointment
a. View that appointment should be evidenced by a writing
b. Contrary view

Illustrative Case:
Petitioner claims title to public office from his oath and
confirmation as against a subsequent ad interim
appointee to the same office (Venecia vs. Peralta)

13. Revocation of appointment

a. Where appointment final and complete
b. Where appointee has assumed position
c. Where protestant more qualified than appointee

B. Appointments by the President

1. Power of appointment of the President
The power of the President to appoint officers in the
government is conferred upon him by the provision of the
Constitution.

2. Confirmation of appointments by Commission on Appointments

3. Appointments by other officials
Under Article VII, Section 16, above, of the Constitution,
Congress may, by law, vest in courts, heads of departments,
agencies, commissions, or boards the power to appoint officers
lower in rank (e.g., Chiefs of divisions or sections) in their
respective offices.82 The phrase "lower in rank" refers to
officers subordinate to those enumerated officers in whom
respectively the power of appointment may be vested—the
heads of executive departments, agencies, commissions, and
boards. Appointments of minor employees may also be vested
in them. The Supreme Court appoints all officials and
employees of the judiciary.

4. Kinds of Presidential appointments

a. regular
b. ad interim
c. permanent
d. temporary/acting

5. Ad interim appointments
The second paragraph of Section 16 of Article VII of the then
Constitution (supra.), refers to ad interim appointments or
appointments made by the President during die recess of
Congress, whether such recess is voluntary or compulsory.
Compulsory recess takes place when Congress adjourns while
voluntary recess is that which takes place before the
adjournment of Congress, like a Christmas recess.
51
 Illustrative Case:
Ad interim appointment was not released to and accepted
by appointee before confirmation by the Commission on
Appointments (Rosales vs. Yenko)

6. Temporary or acting appointments

Generally, the power to appoint vested in the Chief
Executive includes the power to make temporary or acting
appointments, unless he is otherwise specifically
prohibited by the Constitution or law, or a temporary
appointment is repugnant to the nature of the office to be
filled. This is based upon the theory that the whole
includes and is greater than the part.

7. Designations
Designation is simply the mere imposition of new or
additional duties upon an officer to be performed by him
in a special manner while he performs the function of his
permanent office.

8. Steps in the appointing process

a. Nomination
b. Confirmation
c. Issuance of Commission

Illustrative Case:
The statute provides that the chairman and members of
the board (except the representative of the private sector)
need only be designated by the respective department
heads to sit ex officio without the necessity of new
appointments (Rafael vs. EACIB)

C. Appointments in the Civil Service

1. The Civil Service System
The Civil Service, under the Constitution, "embraces all
branches, subdivisions, instrumentalities, and agencies of
the Government, including government-owned or
controlled corporations with original charter.” The
intention of the Constitution is to extend the requirements
and benefits of the Civil Service System over the
administrative personnel of the entire government —
national and local — including the military establishment.

2. Classification of positions in the Civil Service

a. Career Service
b. Non-Career Service

52
3. Classes of positions in the career service
(a) The first level includes clerical, trades, crafts, and
custodial service positions which involve non-professional
or subprofessional work in a non-supervisory or
supervisory capacity requiring less than four years of
collegiate studies.
(b) The second level includes professional, technical, and
scientific positions which involve professional, technical,
or scientific work in a non-supervisory or supervisory
capacity requiring at least four years of college work up to
Division Chief level.
(c) The third level covers positions in the Career
Executive Service.

4. Constitutional classification
a. Competitive
b. Non-competitive

5. Determination of merit and fitness by competitive examinations

As a general rule, the selection of any appointee to any
government position "shall be made only according to
merit and fitness to be determined as far as practicable x
x x by competitive examination" to perform the duties and
assume the responsibilities of the position, without regard
to any other consideration such as sex, color, social
status, religion, or political affiliation.

6. Exemption from rule of non-competitive positions

Under the Constitution, policy-determining, primarily
confidential, and highly technical positions are exempt
from the rule requiring appointments in the Civil Service to
be made on the basis of merit and fitness to be
determined as far as practicable by competitive
examinations. However, the Constitution does not exempt
such positions from the operation of the principle
emphatically and categorically laid down in Article IX-B,
Section 2(3) that "no officer or employee in the Civil
Service shall be removed or suspended except for cause
provided by law" nor from the requirement that
opportunities thereto shall be made according to merit
and fitness.

7. Qualification standards in the Civil Service

A qualification standard expresses the minimum
requirements for a class of positions in terms of
education, training and experience, civil service eligibility,
physical fitness, and other qualities required for
successful performance. Under the Civil Service Decree,
53
 the degree of qualifications of an officer or employee shall
be determined by the appointing authority on the basis of
the qualification standards for the particular position.

8. Kinds of appointment in the career service

a. Permanent
b. Temporary/acting

9. Instances of temporary appointment

10. Separation of temporary employees
It is well-settled that an appointment which is temporary in
nature can be terminated or withdrawn at the pleasure of
the appointing power, without notice or hearing, or "at a
moment notice," and regardless of grounds or reasons.
The appointee can be transferred or reassigned without
violating the constitutionally guaranteed right to security of
tenure.

11. Qualification in an appropriate examination

a. Temporary appointment of non-eligibles in the absence
of eligible
b. Appointment to a position requiring lower eligibility
c. Issuance/revocation of certificate of eligibility

12. Approval /recall of appointments by the Civil Service Commission

a. Appointments required to be approved
b. Right of appointee to a hearing in case of disapproval
c. Effectivity of appointment until disapproval
d. criterion to be employed
e. Extent of Commission’s authority
f. Attestation of appointment
g. Keeping of records of all appointments
h. Recall of appointment
i. Grounds for recall

13. Appointment through certification

An appointment through the certification to a position in
the civil service, except as otherwise provided, shall be
issued to a person who has been selected from a list of
qualified persons certified by the Commission from an
appropriate register of eligibles (i.e., list of names of those
who passed competitive examinations) and who meets all
the other requirements of the position.

D. Vacancy
1. Meaning of vacancy

54
 There is a vacancy when an office is empty and without a
legally qualified incumbent appointed or elected to it with
a lawful right to exercise its powers and perform its duties.

2. Existence of physical vacancy not essential

An office may be vacant when it is occupied by one who
is not a de jure officer, as by a mere usurper, or by one
who is holding over. But although no physical vacancy in
the office exists in such case, there is nevertheless a
vacancy in the sense that the appointing power may
proceed to fill the office by choosing a successor.
3. Appointment to a non-vacant position
No person, no matter how qualified and eligible for a
certain position, may be appointed to an office which is
not yet vacant.

4. Classification of vacancy
a. Original
b. Constructive
c. Accidental
d. Absolute

5. Causes of vacancy
a. death
b. permanent disability
c. removal from office
d. resignation of the incumbent
e. abandonment
f. expiration of term
g. conviction of a crime
h. impeachment conviction
i. acceptance of incompatible office
j. creation of a new office
k. reaching the age limit
l. recall

6. Filling of anticipated vacancies

a. Generally appointment legal
b. Where appointment to take effect after expiration of
appointing power

E. Qualifying to Office
1. Qualification (as an act) to an office
The person appointed or elected to a public office is
usually required by law, before entering upon the
performance of his duties, to do some act by which he
shall signify his acceptance of the office and his
undertaking to execute the trust confided in him. The act
55
 is ordinarily termed qualification. m It generally consists of
the taking, and often of subscribing and filing of an official
oath, and in some cases, of the giving of an official bond,
if any, required by law.

2. Effect of failure to qualify

The failure or neglect to qualify at all would be deemed
evidence of a refusal of the office. However, a failure or
neglect to qualify within the particular time prescribed, if
afterwards supplied, would not ordinarily be deemed ipso
facto a rejection of the office. Of course, sickness,
accident, and other fortuitous events that excuse delay on
the part of a person to take steps incident to assumption
to office will justify delay in qualifying. It would be
different, however, if the qualification within a given time
was expressly made a condition precedent.

3. Oath of office for public officers and employees

Oath is an outward pledge whereby one formally calls
upon God to witness to the truth of what he says or to the
fact that he sincerely intends to do what he says.
a. Under the Constitution
b. Under the Administrative Code of 1987
c. Under the Local Government Code
4. Necessity of oath of office
An oath of office is a qualifying requirement for a public
office; a prerequisite to the full investiture with the office.

5. Officers authorized to administer oath

a. notaries public
b. members of the judiciary
c. clerks of court
d. the Secretary of either House of the Congress of the
Philippines
e. Secretaries of departments
f. bureau directors
g. registrars of deeds
h. provincial governors
i. lieutenantgovernors
j. city mayors
k. any other officer in the service of the government of the
Philippines whose appointment is vested in the President

6. Public officers and employees required to give bonds

A public official bond ordinarily includes all officers who
have custody of public funds. The officials, to be sure,

56
 would be individually liable for any loss. The requirement
of an official bond, therefore, is to protect public funds.

7. Nature of official bonds

The bond of a public officer is in the nature of an
indemnity bond rather than a penal or forfeiture bond. It
is, in effect, a contract between the officer and the
government, binding the officer to discharge the duties of
his office.

8. Necessity of giving official bonds

a. Requirement, a mere incident of office

b. Where time prescribed within which to give bond

F. De Facto Officers
1. The de facto doctrine
The de facto doctrine is the principle which holds that a
person who, by the proper authority, is admitted and
sworn into office is deemed to be rightfully in such office
until, by judicial declaration in a proper proceeding, he is
ousted therefrom, or his admission thereto is declared
void.

2. Basis and reason for the doctrine

The de facto doctrine springs from the fear of the chaos
that would result from multiple and repetitious suits
challenging every action taken by every official whose
claim to office could be open to question, and seeks to
protect the public by insuring the orderly functioning of the
government despite technical defects in title to office.

3. De facto officer defined

A de facto officer is one who has the reputation of being
the officer he assumed to be and yet is not a good officer
in point of law.

4. De jure officer defined

A dejure officer is one who has the lawful right to the
office in all respects, but who has either been ousted from
it, or who has never actually taken possession of it.

5. Requirements to become officer de jure

a. He must possess the legal qualifications for the office
in question;
b. He must be lawfully chosen to such office; and

57
 c. He must have qualified himself to perform the duties of
such office according to the mode prescribed by the
Constitution or law.

6. Officer de jure and officer de facto distinguished

a. The former rests on right, while the latter, on
reputation;
b. The former has the lawful right or title to the office,
while the latter has the possession and performs the
duties under color of right or authority without being
technically qualified in all points of law to act; and
c. The former cannot be removed in a direct proceeding,
while the latter may be ousted in a direct proceeding
against him.

7. Usurper or intruder defined

A mere usurper or intruder is one who takes possession
of the office and undertakes to act officially without any
color of right or authority, either actual or apparent. He is
not an officer at all for any purpose.

8. Officer de facto and usurper distinguished

a. An officer de facto has a color of right or title to the
office, while a usurper has neither lawful title nor color of right or
title to the office;
b. An officer de facto assumes to exercise his functions
where the public does not know nor ought to know his lack of
title or authority, while a usurper simply assumes to act as an
officer where the public knows or ought to know that he is such
a usurper;
c. An officer de facto may be removed only in a direct
proceeding against him, while a usurper can be ousted at any
time in any proceeding; and
d. All acts otherwise legitimate done by a de facto officer
in the exercise of his authority as such are valid like those of a
de jure officer insofar as the rights of the public and third
persons are concerned but the acts of the usurper are
absolutely null and void.

Illustrative Case:
The appointment of petitioner as Acting Vice-Mayor was
by-passed by the National Assembly (Barte vs. Dichoso)

9. Double occupancy of a single office

Two different persons cannot, at the same time, be in the
actual occupation and exercise of an office for which one
incumbent only is provided by law. There cannot,
therefore, be an officer de jure and another officer de
58
 facto in possession of the same office at the same time.
Hence, if the officer de jure is in, there is no room for an
officer de facto; and if the officer de facto is in, the officer
de jure cannot be in also.

10. Elements of de facto officership

a. There must be a dejure office
b. There must be a color of right or general acquiescence
by the public
c. There must be actual physical possession of the office
in good faith
11. Instances of de facto officers
12. Office created under an unconstitutional statute
a. View that occupant not even officer de facto
b. Contrary view

13. Legal effects of acts of de facto officers

The validity of the acts of de facto officers appears to
depend in large measure whether such officers are
attempting to justify themselves, or whether the rights of
third persons and the public are involved. A more
stringent rule applies in the former case than when the
officer's interests are not affected and the rights of the
public and of third persons alone are involved.

14. Proceedings to try right or title of a de facto officer

The title of an officer de facto, and the validity of his acts,
cannot be collaterally questioned in proceedings to which
he is not a party, or which were not instituted to determine
their validity, but only in a direct proceeding brought to
determine the very question. Where it is desired to try the
title to the office, quo warranto is the remedy to be
applied, unless a special statutory remedy has been
substituted in its place.

15. Right to compensation of a de facto officer

A de facto officer cannot maintain an action to recover the
salary, fees, or other emoluments attached to the office,
even though he has performed the duties thereof on the
theory that the acts of a de facto officer as far as he
himself is concerned are void. Only an officer de jure can
maintain an action for compensation.
However, one who becomes a public officer de facto
without bad faith on his part, and who renders the
services required of the office, may recover the
compensation provided by law for such services during
the period of their rendition, or retain the emolument's

59
 received during that time, or is legally entitled to the
emoluments of the office.

16. Liabilities of a de facto officer

It may be stated generally that a de facto officer is held to
the same degree of accountability for official acts as a de
jure officer and cannot escape liability because he has not
qualified for failure to file a bond.

Chapter IV — POWERS, DUTIES, AND NORMS OF CONDUCT OF

PUBLIC OFFICERS
1. Source of powers and authority of public office
The right to be a public officer, then, or to exercise the
powers and authority of a public office, must find its
source in some provision of the public law.

2. Authority of public officer not presumed

Nothing is better settled in the law than a public official
exercises power, not rights. The government itself is
merely an agency through which the will of the State is
expressed and enforced. Its officers, therefore, are
likewise agents entrusted with the responsibility of
discharging its functions. As such, there is no
presumption of such authority, either express or implied.

3. Authority of public officer and private agents distinguished

In the case of private agents, it is common to classify
authorities according to their nature and effect, into
universal, general, and special agencies. It will be
evident, however, that this classification cannot apply in
its entirety to the case of public agents.
Universal authority in any public agent cannot exist under
our constitutional government. There are public officers,
however, whose authority is general in its nature, while
that of others is expressly limited and special. But beyond
this, the analogies between public and private agents are
not sufficiently close to make the authority in the one case
the criterion for that in the other.

4. Ascertainment of authority of public officer

5. Scope of power of a public officer
a. expressly conferred upon him by the law under which
he has been appointed or elected;
b. expressly annexed to the office by the law which
created it or some other law referring to it; or
c. attached to the office as incidents to it.

Illustrative Case:
60
 (1)A lawyer in the Department of Justice was temporarily
detailed to assist the City Fiscal of Manila with the
same powers and functions of an Assistant Fiscal (Lo
Cham vs. Ocampo)
(2)The Public Service Commission (PSC) imposed a fine
on a radio company for failure to render service
expected of a radio operator (Radio Communications
of the Philippines, Inc. vs. Santiago)
6. Territorial limitation of authority of public officers
a. Limited to territory where law has effect
b. Action at a place not authorized by law ordinarily invalid
7. Duration of authority
a. Duration of term
b. Where officer chosen to act in reference to a particular
subject

8. Construction of grant of powers

Express grants of power to a public officer are usually
subjected to a strict interpretation and will be construed
as conferring those powers only which are expressly
imposed or necessarily implied.

9. Classification of powers and duties

1. From their nature
a. Ministerial
b. Discretionary
2. From the standpoint of the obligation of the officer to
perform his powers and duties
a. Mandatory
b. Permissive
3. From the standpoint of the relationship of the officer to
his subordinates
a. Power of control
b. Power of supervision

10. Ministerial and discretionary powers distinguished

a. Nature of act
b. Exercise of discretion

11. Meaning of discretion

Discretion has been defined as "the act or the liberty to
decide according to the principles of justice and one's
ideas of what is right and proper under the circumstances,
without willfulness or favor."

12. Exercise of discretion limited

61
 When anything is left to any officer to be done according
to his discretion, the law intends it to be done with a
sound discretion and according to law.

Illustrative Cases:
(1)Auditor failed and/or refused to issue clearance to a
public officer who has resigned (Lamb vs. Phipps)
(2)City refused to allow the opening of a cafeteria in the
city market (Aprueba vs. Ganzon)
(3)The name of the Provincial Building was substituted
with the name “President Garcia Hall” (Miguel vs.
Zulueta)
13. Remedy to compel exercise of duty
Where a clear duty is imposed upon a public official and
an unnecessary and unreasonable delay in the exercise
of such duty occurs, the courts will intervene by the
extraordinary legal remedy of mandamus to compel
action.

14. Delegation of discretionary powers

In those cases in which the proper execution of the office
requires, on the part of the public officer, the exercise of
judgment or discretion, the presumption is that he was
chosen because he was deemed fit and competent to
exercise that judgment and discretion.

Illustrative Case:
The assistant district engineer and chief clerk represented
the district engineer and the division superintendent of
schools, respectively, in the provincial Board of
Canvassers (Torres vs. Ribo)

15. Delegation of ministerial powers

Where an act is purely of a mechanical executive or
ministerial in nature, a different rule applies. It can
ordinarily make no difference to any one by whom the
mere physical act is performed when its performance has
been guided by the judgment or discretion of the person
chosen. The rule, therefore, is that the performance of
duties of this nature may, unless expressly prohibited, be
properly delegated to another. Thus, a ministerial act
which may be lawfully done by another officer may be
performed by him through any deputy or agent lawfully
created or appointed.

16. Time to perform official acts

a. Where no time stated in statute
62
 b. Where time stated in statute

17. Ratification of unauthorized acts

The doctrine of ratification does not apply where there is a
want of power in the public officer to perform the original
act. An act which was absolutely void at the time it was
done cannot be ratified. If the principal himself could not
lawfully have done the act, or if it could not have lawfully
been done by any one, no subsequent ratification or
confirmation can give it force or effect.

18. Judicial review of official acts

a. Where act involves exercise of discretionary power
b. Where act involves performance of purely ministerial
duty
c. Where act reviewed done without jurisdiction

19. Norms of conduct of public officials and employees

1. Public office is a public trust.
2. Standards of personal conduct
a. Commitment to public interest
b. Professionalism
c. Justness and sincerity
d. Political neutrality
e. Responsiveness to the public
f. Nationalism and patriotism
g. Commitment to democracy
h. Simple living
3. Duties of the civil Service Commission

20. System of incentives and rewards

1. Criteria
a. Years of service;
b. Quality and consistency of performance;
c. Obscurity of the position;
d. Level of salary;
e. Unique and exemplary quality of achievement;
f. Risk or temptation inherent in the work; and
g. Any similar circumstances or consideration in
favor of the particular awardee
2. Form of incentives and rewards
a. Bonuses; or
b. Citations; or
c. Directorship in government-owned or -controlled
corporations; or
d. Local and foreign scholarship grants; or
e. Paid vacations; and

63
 f. Automatic promotion to the next higher position
suitable to his qualifications and with commensurate
salary
3. Committee on Awards
4. Secretariat

21. Duties of public officers as trustees for the public

1. In general
a. Duty to obey the law
b. Duty to accept and continue in office
c. Duty to accept burden of office
d. Duty as to diligence and care
e. Duties in choice and supervision of subordinates
2. Ethical duties
a. Duty as to outside activities
b. Duty where personal interest is involved
c. Duty to act with civility

22. Duty to make financial disclosure

To maintain public confidence in government and in
public officials and employees, to avoid conflicts of
interest from arising, to deter corruption, and to provide
the citizens with information concerning a public officer's
financial affairs and thus enable them to better judge his
integrity and fitness for office, the Constitution requires
financial disclosures on the part of all government
personnel.

Illustrative Case:
The constitutionality of the legal requirement on
government officials and employees to submit sworn
declaration of financial conditions, assets and liabilities is
questioned (Morfe vs. Mutuc)

23. Specific duties of public officials and employees

a. Act promptly on letters and requests.
b. Submit annual performance reports.
c. Process documents and papers expeditiously
d. Act immediately on the public’s personal transactions
e. Make documents accessible to the public

24. Actions on requests and petitions

As a general rule, when a request or petition, whether
written or verbal, can be disposed of promptly and
expeditiously, the official or employee in charge to whom
the same is presented shall do so immediately, without
discrimination, and in no case beyond fifteen (15) working
days from receipt of the request or petition.
64
25. Processing of papers and documents
26. Signing of any written action or decision
The head of department, office, or agency shall prescribe,
through an appropriate office order, the rules on the
proper authority to sign in the absence of the regular
signatory as follows:
a. If there is only one official next-in-rank, he shall
automatically be the signatory;
b. If there are two or more officials next-in-rank, the
appropriate office order shall prescribe the order of
priority among the officials next-inrank within the same
organization unit; or
c. If there is no official next-in-rank present and available,
the head of department, office, or agency shall
designate an officer-in-charge from among those next
lower in rank in the same organizational unit.

27. Public disclosure of statements of assets and liabilities

Contents. — The two documents shall contain information
on the following:
a. real property, its improvements, acquisition costs,
assessed value and current fair market value;
b. personal property and acquisition cost;
c. all other assets such as investments, cash on hand or
in banks, stocks, bonds, and the like;
d. financial liabilities, both current and long-term;
e. all business interests and financial connections,
whether as proprietor, investor, promoter, shareholder,
officer, managing, director, creditor, lawyer, legal
consultant or adviser, financial or business consultant,
accountant, auditor, and the like, the names and old
addresses of the business enterprises or entities, the
dates when such interests or connections were
established, and such other details as will show the
nature of the interests or connections
28. Transparency of transactions and access to information
a. Ensure transparency of public transactions
b. Provide official information
c. Establish information systems

29. Reforms on public administrative systems

a. Conduct value development programs
b. Conduct professional, etc. programs
c. Conduct studies and analyses of work systems

65
 d. Develop and make available a service guide
e. Consult the public for feedbacks and suggestions
f. Conduct research and experimentation
g. Designate a resident Ombudsman
h. Consult and dialogue with staff

Chapter V — RIGHTS AND PRIVILEGES OF PUBLIC OFFICERS

A. In General
1. Rights incident to public office
A public officer has, of course, the right to exercise those
powers which are conferred upon him by law. In general,
the powers and duties of public officers are prescribed by
the Constitution or by statute, or both.

2. Rights as a citizen
a. Protection from publication commenting on his fitness
and the like
b. Engaging in certain political and business activities

B. Right to Compensation
1. Power of Congress to fix compensation
a. Power primarily but not exclusively legislative in
character
b. Power may be delegated subject to statutory limitations

2. Compensation, not an element of public office

Compensation is not indispensable to a public office. It is
not part of the office but merely incident thereto, and
attaches to the office itself, and not to the officer.
Whatever salary or emoluments may be attached by law
to a public office do not belong to the incumbent because
of any supposed legal duty resting upon the public to pay
for the services rendered by him. In fact, it is sometimes
expressly provided that certain officers shall receive no
compensation, and a law creating an office without any
provision for compensation may carry with it the
implication that the services are to be rendered
gratuitously.

3. Forms of compensation defined and distinguished

The term compensation when employed in reference to
the remuneration of public officers means pay for doing all
that may be required of the official, whether it is in the
form of a fixed salary or wages, per diems, fees,
commissions, or perquisites of whatsoever character.8 As
distinguished from honorarium, the latter term is defined
as something given not as a matter of obligation but in
appreciation for services rendered, a voluntary donation
66
 in consideration of services which admit of no
compensation in money.

4. Basis of right to compensation

a. Creation of law
b. Services rendered
c. Compensation fixed by law
d. Legal title to office
e. Amount of compensation
f. Ex officio position

5. Recovery of compensation
a. From the government
b. From the de facto officer
c. From the intruder or usurper

Illustrative Cases:
(1)Duly elected Senator seeks reimbursement of salaries
paid to de facto officer (Rodriguez vs. Tan)
(2)Vice-Mayor who became Mayor seeks reimbursement
of salaries paid to former Mayor who has ceased as
rightful occupant (Monroy vs. Court of Appeals)
6. Salary not subject to garnishment
Garnishment is a species of attachment for reaching
credits belonging to the judgment debtor owing to him
from a stranger to a litigation.

7. Agreements affecting compensation

a. Agreement to accept, or acceptance of less or other
than legal compensation
b. Sale, assignment, or barter
c. Dividing compensation with others

8. Prohibition against diminution of salary

Under the Constitution, Congress is given the power to fix
the salaries of certain constitutional officers, but after it
has done so, it may not reduce the salary of any of them
during his term or tenure. This provision is intended to
secure their independence. Thus, the Constitution
prohibits Congress from decreasing the salary of the
President and Vice-President, the Chief Justice and the
Associate Justices of the Supreme Court, Judges of lower
courts, the Chairmen and members of the Constitutional
Commissions, and the Ombudsman and his Deputies.

9. Prohibition against receiving additional, double, or indirect

compensation
67
 The payment of additional, double, or indirect
compensation to a particular officer or employee is
specifically authorized by law in individual instances
where the payment of such compensation appears not
only just but necessary. The prohibition is aimed against
the giving of extra compensation by executive or
administrative order.

10. Free voluntary service to the government

Free voluntary service refers to services rendered by
persons who are in government without pay or
compensation.

C. Other Rights
1. Rights under the Constitution
a. The right to self-organization
b. The right to protection of temporary employees
c. Freedom of members of Congress from arrest and from
being questioned
d. The right not to be removed or suspended except for
cause provided by law

Illustrative Case:
Accused-appellant asks that he be allowed to full
discharge his duties as Congressman despite his having
been convicted of a non-bailable offense (People vs.
Jalosjos)

2. Participation in prohibited activity or mass action

Prohibited concerted activity or mass action action refers
to "any collective activity undertaken by government
employees either by themselves or through their
employees' organizations, with the intent of effecting work
stoppage or service disruption in order to realize their
demands or force concessions, economic or otherwise,
from their respective agencies or the government."
However, a concerted activity or mass action "done
outside of government office hours" may be allowed and
shall not be deemed prohibited so long as such would not
result in disruption of work.

3. Rights under the Civil Service Decree and the new Administrative
Code
a. The right to preference in promotion
b. The right to present complaints and grievances
c. The right not to be suspended or dismissed except for
cause as provided by law and after due process
d. Right to organize
68
4. Next-in-rank rule
a. Not a mandatory requirement
b. Reason for rule
c. Discretion of appointing authority
d. Overriding factor

Illustrative Case:
The appointee is nine or ten salary ranges below the
next-in-rank personnel (Meram vs. Edralin)

5. Personnel actions
Any action denoting the movement or progress of
personnel in the civil service shall be known as personnel
action.

6. Rights under the Revised Government Service Insurance Act

a. Retirement benefits
b. Separation benefits
c. Unemployment or involuntary separation benefits
d. Disability benefits
e. Survivorship benefits
f. Funeral benefits
g. Life insurance benefits

7. Pension defined
Pensions are regular allowances paid to an individual or
group of individuals by the government in consideration of
services rendered, or in recognition of merit, civil or
military.

8. Nature and purpose of pension

To a public servant, pension is not a gratuity but rather a
form of deferred compensation for services performed118
and his right thereto commences to vest upon his entry
into the retirement system and becomes an enforceable
obligation in court upon fulfillment of all conditions under
which it is to be paid.

9. Pension and gratuity distinguished

A gratuity is a donation and an act of pure liberality on the
part of the State. A pension is more than an act of
generosity. It is an act of justice emanating from the
desire to provide, though tardily, adequate compensation
for services already rendered for which one had not
received complete and adequate reward at the time when
such services were rendered.

69
10. Construction of retirement laws
Retirement laws or statutes creating pensions being
remedial in character, should be liberally construed and
applied in favor of the persons intended to be benefited
by them, and all doubts as to the intent of the law should
be resolved in favor of the retiree to achieve its
humanitarian purposes so that the efficiency, security and
well-being of government employees may be enhanced.

Illustrative Cases:
(1)The recomputation of petitioner’s retirement benefits
was denied on the ground that the additional
compensation he received was merely an honorarium
and that he was not appointed but merely designated
(Santiago vs. Commission on Audit)
(2)Petitioner’s request for inclusion of the monthly
allowance he had been receiving from the municipality
where he was assigned as Metropolitan Trial Court
Judge in the computation of retirement benefits was
denied (Allarde vs. Commmission on Audit)
(3)No deductions were made from the salaries of a Vice-
Governor availing of retirement benefits during the
period that she served as such (Government Service
Insurance System vs. Civil Service Commission)
(4)The Commission on Audit disallowed in Audit
petitioner’s claim for benefits under Social Security
System Resolution No. 56 granting “financial
assistance” to retiring employees in addition to
retirement benefits (Conte vs. Commission on Audit)
(5)Respondent church discontinued petitioner’s monthly
retirement benefit for establishing a rival religious
group after his retirement (Brion vs. South Philippine
Union Mission of the Seventh Day Adventist Church)
11. Right to reimbursement and indemnity
When a public officer, in the due performance of his
duties, has been expressly or impliedly required by law to
incur expenses on the public account, not covered by his
salary or commission and not attributable to his own
neglect or default, the reasonable and proper amount
thereof forms a legitimate charge against the public for
which he should be reimbursed.

12. Right to reinstatement and back salary

a. Where removal or suspension lawful
b. Where removal or suspension unlawful
c. Where suspended employee later found innocent

70
 d. Where employee not completely exonerated or
reinstatement not the result of exoneration
e. Where another appointed to position of illegally
dismissed or suspended employee
f. Duty of plaintiff seeking reinstatement to prove his right
to the office
g. Right to reinstatement to former or at least comparable
position
h. Duty to act with reasonable diligence in asserting right
to reinstatement
i. Where pardon extended to convicted employee
13. Rights to property, devices, and inventions
14. Right to recover reward for performance of duty
It is the duty of a public officer to execute the functions of
his office for the compensation attached to it by law, and
he will not be permitted, unless expressly authorized by
law, to recover a reward offered by the public for the
performance of an act which was part of his official duty to
perform if he could. To permit such a recovery would
contravene the public policy.

Chapter VI — DISABILITIES AND INHIBITIONS OF PUBLIC

OFFICERS
A. Under the Constitution
1. Disabilities of President, Vice-President, Members of Cabinet, and
their Deputies and Assistants
2. Disabilities of Members of Congress
3. Disqualifications to hold any other office or employment in the
government
a. Incompatible office
b. Forbidden office

4. Prohibition against financial interest

a. Appearance as counsel before any court of justice, etc.
b. Financial interest in any contract with the government
c. Financial interest in ant special privilege by the
government
d. Intervention in certain matter

5. Disabilities of members of Constitutional Commissions

6. Prohibition against designation of members of judiciary to
administrative positions
7. Prohibition against engaging in partisan political activities

Illustrative Case:
Defendant was charged with electioneering by distributing
leaflets supporting a mayoralty candidate (People vs. De
Venecia)
71
8. Prohibition against appointment of elective officials
Under the Constitution, "no elective official shall be
eligible for appointment or designation in any capacity to
any public office or position during his tenure.”

9. Prohibition against holding more than one position by appointive

officials
Under the Constitution, "unless otherwise allowed by law
or by the primary functions of his position, no appointive
official shall hold any other office or employment in the
Government or any subdivision, agency or instrumentality
thereof, including government-owned or -controlled
corporations or their subsidiaries."

10. Prohibition against acceptance of any present, etc., from any

foreign state
"No elective or appointive public officer or employee shall
xxx accept without the consent of the Congress, any
present, emolument, office, or title of any kind from any
foreign government."

11. Prohibition against receiving additional, double, or indirect

compensation
12. Prohibition against appointment of members of the armed forces
to certain positions
Behind the prohibition are the larger principle of civilian
supremacy over the military which frowns upon the
employment of the military in the civilian government and
the time-honored tradition in all truly democratic nations
that "the soldier's job is to fight a war and not to run a
government."

13. Prohibition against grant of loan, guaranty or other form of

financial accommodation
The prohibition contained above further gives stress to
the principle that public office is a public trust. The
purpose is to prevent the officials mentioned from making
use of their influence to secure such loan, etc., to benefit
them.

B. Under Existing Laws

1. Prohibitions imposed on civil service officers or employees
a. Political activity
b. Additional or double compensation
c. Limitation on employment of laborers
d. Prohibition on detail or reassignment
e. Nepotism
72
2. Prohibitions imposed on local government officials
a. Prohibited business and pecuniary interest
b. Practice of profession
c. Partisan political activity

3. Prohibitions against purchase of certain property at public auction

Under the Civil Code, the following, among others, cannot
acquire by purchase, even at a public or judicial auction,
either in person or through the mediation of another:
(1) Public officers and employees, the property of the
State or of any subdivision thereof, or of any
government-owned or -controlled corporation, or
institution, the administration of which has been
entrusted to them; this provision shall apply to judges
and government experts who, in any manner
whatsoever, take part in the sale; and
(2) Justices, judges, prosecuting attorneys, clerks of
superior and lower courts, and other officers and
employees connected with the administration of
justice, the property and rights in litigation or levied
upon an execution before the court within whose
jurisdiction or territory they exercise their respective
functions; this prohibition includes the act of acquiring
by assignment and shall apply to lawyers, with
respect to the property and rights which may be the
object of any litigation in which they may take part by
virtue of their profession.

4. Prohibitions imposed on the Governor and personnel of the Central

Bank
a. Outside interest of the Governor and Full-time
Monetary Board members
b. Personnel

5. Prohibitions imposed on internal revenue officers or employees

6. Prohibited acts and transactions under the Anti-Graft and Corrupt
Practices Act
7. Prohibited acts and transactions under the Code of Conduct and
Ethical Standards
a. Financial and material interest
b. Outside employment and other activities related thereto
c. Disclosure and or misuse of confidential information
d. Solicitation or acceptance of gifts

8. Divestment

73
 A public official or employee shall avoid conflicts of
interest at all times. When a conflict of interest arises, he
shall resign from his position in any private business
enterprise within thirty (30) days from his assumption of
office and/or divest himself of his shareholdings or
interest within sixty (60) days from such assumption. If the
conditions for conflict of interest concur (infra.),
divestment shall be mandatory for any official or
employee even if he has resigned from his position in any
private business enterprise. The same rule shall apply
where the public official or employee is a partner in a
partnership.

Chapter VII — LIABILITIES OF PUBLIC OFFICERS

A. In General
1. Doctrine of official immunity from liabilities for public officers
It is generally recognized that public officers and
employees would be unduly hampered, deterred, and
intimidated in the discharge of their duties, if those who
act improperly, or even exceed the authority given them,
were not protected to some reasonable degree by being
relieved from private liability. Accordingly, the rationale for
official immunity is the promotion of fearless, vigorous,
and effective administration of policies of government.
The threat of suit could also deter competent people from
accepting public office.

2. Official immunity and State immunity distinguished

The immunity of public officials is a more limited principle
than State or governmental immunity, since its purpose is
not directly to protect the sovereign, but rather to do so
only collaterally, by protecting the public official in the
performance of his government function.

3. Official immunity not absolute

a. Suit to enforce liability for personal torts
b. Suit to compel performance of official duty or restrain
performance of an act

4. Liability based upon and co-extensive with duty

Public officers in respect of the person or persons to
whom their duty is owing, are divided into two classes —
those whose duty is owing solely to the public, and those
whose duty is owing in some degree to the individuals. If
the officer does not owe any duty to the individual
complaining, then the individual has no right of action,
even though he may have been injured by the action or
non-action of the officer. In other words, an individual has
74
 no cause of action against a public officer for a breach of
duty owing solely to the public. The breach is to be
redressed by public prosecution.

5. Three-fold responsibility of public officers

Firstly, if the individual is damaged by such violation, the
official shall, in some cases, be held liable civilly to
reimburse the injured party.
Secondly, if the law has attached a penal sanction, the
officer may be punished criminally.
Thirdly, if the administration's disciplinary power is strong,
such violation may lead to imposition of fine, reprimand,
suspension, or removal from office, as the case may be.
Thus, an act or omission of a public officer may give rise
to civil, criminal, and/or administrative liability.

6. Criminal and civil cases different from administrative matters

7. Proceedings against public officers
a. Evidence and procedure
b. Right to be informed of findings and recommendations
of an investigating committee
c. Object of administrative proceedings
d. Right to counsel
e. Effect of death

8. Administrative liability incurred in a previous term by an elective

official
a. Reelection operates as electorate condonation of a
precious misconduct
b. Condonation does not extend to reappointed
coterminous employees
c. Reelection does not extinguish criminal or civil liability

B. Civil Liability
1. Requisites for recovery of damages arising from acts of public
officers
The mere fact that the individual has sustained injury by
reason of the act of the public officer is not enough to
create a right of action. In order to create the right of
action, two things must concur — damage to himself and
a wrong or violation of the right of a party committed by
the other. Without a wrong, it is damnum absque injuria.

Illustrative Cases:
(1)Commission on races cancelled a horse race allowed
by the board of judges (Phil. Racing Club, Inc. vs.
Bonifacio)

75
 (2)City Engineer is charged with negligence for not
repairing street where accident took place (Dumlao vs.
Court of Appeals)
(3)Respondent officials abolished several positions,
easing out 200 employees, and later hired 1,000 new
employees (Rama vs. Court of Appeals)
2. Effect of contributory negligence of injured party
However, it is equally true that if the result complained of
would have followed, notwithstanding their misconduct, or
if the injured party himself contributed to the result in any
degree by his own fault or neglect, i.e., he is guilty of
contributory negligence, they cannot be held responsible.
If the position of the injured party would have been just
the same had not the alleged misconduct occurred, he
has no legal ground of complaint; and if his conduct or the
conduct of his attorney contributed to the result, he is in
pari delicto, and the law leaves him where it finds him.

3. Liability of the President for official acts

a. Civil responsibility
b. Criminal liability
c. Liability for damages

Illustrative Case:
Cavans of rice were seized for distribution to the public
under an allegedly unconstitutional law and owner was
paid less than their market value (Moon vs. Harrison)

4. Liability of other executive officials for official acts

a. Functions involve exercise of discretion
b. Reasons for immunity
c. Acts of heads of executive departments

5. Liability of legislative officials for official acts

a. Privileges accorded members of Congress
b. Reasons for immunity

6. Liability of members of the judiciary for official acts

a. Reasons for immunity
b. liability for rendering an unjust judgment
c. Liability for gross ignorance of law and incompetence
d. Quantum of proof necessary to support administrative
charges

7. Liability of quasi-judicial officers for official acts

a. Nature of functions
b. Reasons for immunity

76
 c. Liability for ministerial acts

Illustrative Case:
Respondent Commissioner committed an error of
judgment in not proceeding with the hearing of an
overcharging case despite the pendency in the Supreme
Court of a petition for certiorari (Mercado vs. Medina)

8. Liability of ministerial officers for official acts

a. General rule
b. Requisites for liability
c. Liability where officer also acts extra-judicially

9. Kinds of liability of ministerial officers

a. Nonfeasance or the neglect or refusal, without
sufficient excuse, to perform an act which it was the officer's
legal duty to the individual to perform;
b. Misfeasance or the failure to use, in the performance of
a duty owing to an individual, that degree of care, skill and
diligence which the circumstances of the case reasonably
demand; and
c. Malfeasance or the doing, either through ignorance,
inattention or malice, of that which the officer has no legal right
to do at all, as where he acts without any authority whatever, or
exceeds, ignores or abuses his powers.

10. Liability of superior officer for acts of subordinates

a. General rule
b. Exceptions
c. Other exceptions

11. Liability of subordinates

a. Same rules as those applicable to officers of higher
rank
b. Where acts done pursuant to orders or instructions of a
superior

12. Liability for tortious acts

a. Acts done within scope of official authority
b. Acts done without or in excess of official authority

Illustrative Cases:
(1)Peace officers arrested persons attending authorized
cockpit (Quimsing vs. Lachica)
(2)Defendant public officials ordered demolition of
apartment building (Mabutol vs. Pascual)

77
 (3)Director of Public Works allegedly took possession of
sugar lands to the damage and prejudice of owner
(Festejo vs. Fernando)
(4)Governor instituted two criminal cases against plaintiff,
allegedly due to personal hatred and vengeance
against the latter (Palma vs. Graciano)
(5)Highway District Engineer tolerated a subordinate to
moonlight on a non-working day in the office premises
(Genson vs. Adarle)
(6)Members of the Provincial Board stopped work on a
bridge without any valid reason after contractor
contributed a specified sum to build it (Carreon vs.
Province of Pampanga)
13. Liability under the Civil Code
a. For failure or neglect to perform official duty
b. for violating rights and liberties of private individuals
c. For failure to render aid or protection to a person

Illustrative Cases:
(1)Finding no sufficient evidence to establish a prima
facie case after an investigation, the Provincial Fiscal
refrained from filing an information for libel (Zulueta vs.
Nicolas)
(2)Chief of Police refused to give assistance to victim of a
crime (Amaro vs. Sumaguit)
(3)Petitioner was sued both in her official and personal
capacity for her continued refusal to restore private
respondent to his position in spite of the final and
executory decision of the Civil Service Commission
declaring that his transfer/demolition was null and void,
and hence, illegal (Vital-Gozon vs. Court of Appeals)
14. Liability on contracts executed in behalf of the government
The general rule is that a public officer acting within the
scope of his authority and in his official capacity is not
personally liable on contracts executed in behalf of the
government. In the absence of a showing to the contrary,
it is presumed that the officer does not intend to render
himself liable as to contracts and engagements fairly
within the scope of his authority. But one who executes
an unambiguous personal undertaking which makes no
mention of the public agency he serves, or does not
indicate that it is executed in an official capacity, may not
escape liability by claiming that the public agency was the
real principal.

Illustrative Cases:
78
 (1)Contract was entered into by the municipal mayor in
violation of the requirement of a law (Rivera vs.
Municipality of Malolos)
(2)Contractor brought personal action against the
municipal mayor for entering into a contract without
following the requirement of a law (Rivera vs.
Maclang)
15. Liability for unexplained wealth
Republic Act No. 1379 (Forfeiture of Unexplained Wealth
Act.) declares the forfeiture in favor of the State of any
property found to have been unlawfully acquired by any
public official or employee.

Illustrative Cases:
(1)Petition for forfeiture was amended to include new
items of alleged unlawful acquisitions (Almeda vs.
Perez)
(2)Petitioner refused to be sworn as witness and to take
the witness stand before a presidential committee
investigating charges of alleged unexplained wealth
against him (Cabal vs. Kapunan, Jr.)

16. Liability of accountable officers to the government

a. Bond requirement
b. Primary and secondary responsibility
c. General liability for unlawful expenditures
d. Measure of liability of accountable officers
e. Liability for acts done by direction of superior
officer
Illustrative Case:
The Commission on Audit (COA) found petitioner, then
President of the National home Mortgage Finance
Corporation (NHMFC), liable for the amount of
P36,796,711.55 covering the payment of the loan
proceeds for the lot acquired by the Alyansang Maka
Maralitang-Asosasyon at Kapatirang Organisation
(AMAKO), which was disallowed in audit (Cabal vs.
Kapunan)

C. Criminal Liability
1. Generally
No public officer, however high his position, is above the
law; all may be punished for criminal acts. The mere fact
that an officer is acting in an official capacity will not
relieve him from criminal liability.

79
2. Crimes peculiar to certain public officers
1. Revised Penal Code
a. malfeasance and misfeasance in office (e.g., malicious
delay in the administration of justice, bribery);
b. frauds and illegal exactions and transactions;
c. malversation of public funds or property;
d. infidelity of public officers; and
e. other offenses and irregularities committed by public
officers which include disobedience, refusal of assistance,
maltreatment of prisoners, anticipation, prolongation and
abandonment of the duties and powers of public office,
usurpation of powers, and unlawful appointments.
2. Anti-Graft and Corrupt Practices Act
3. Code of Conduct and Ethical Standards
4. Forfeiture of Unexplained Wealth Act
5. Civil Service Decree
6. Government Auditing Code
7. Local Government Code
8. National Internal Revenue Code
9. Omnibus Election Code

Illustrative Case:
(1)Budget officer signed falsified vouchers for repair of
government vehicles and made a request for the
allotment of funds without ascertaining whether or not
the repairs were needed (Macadangdang vs.
Sandiganbayan)
(2)Land which was assessed at P5.00 a square meter in
1973 was acquired by the government in 1973 for
P80.00 a square meter through negotiated purchase
(Arias vs. Sandiganbayan)

Chapter VIII — TERMINATION OF OFFICIAL RELATIONS

A. Specifically
1. Modes of termination of official relations
a. Expiration of the term or tenure of office;
b. Reaching the age limit (retirement);
c. Death or permanent disability;
d. Resignation;
e. Acceptance of an incompatible office;
f. Abandonment of office;
g. Prescription of right to office;
h. Removal;
i. Impeachment;
j. Abolition of office;
k. Conviction of a crime; or
80
 l. Recall.

B. Natural Causes
1. By expiration of term of office
The word "term," when used in reference to the tenure of
office, means ordinarily a fixed and definite time
prescribed by law or the Constitution by which an officer
may hold an office.

2. Removal and expiration of term distinguished

Where the term of office is not fixed by law and the
incumbent is relieved by the appointing authority, the
legal effect is the same as if the term had been fixed by
Congress itself. There is no removal but extinguishment
of the right to hold office by the expiration of his term.

3. Term and tenure distinguished

1. The term of office must be distinguished from the
tenure of the incumbent. The "term" means the time during
which the officer may claim to hold the office as of right, and
fixes the interval after which the several incumbents shall
succeed one another. It is a fixed and definite period of time to
hold office, perform its functions, and enjoy its privileges and
emoluments until the expiration of said period. It is not affected
by holdingover (infra.) of the incumbent after expiration of the
term for which he was appointed or elected.
2. The tenure represents the period during which the
incumbent actually holds the office. It may be shorter than the
term for reasons within or beyond the power of the incumbent.

Illustrative Cases:
(1)Petitioner claims right to office for being unable to
serve for the full term due to the Japanese occupation
(Nueno vs. Angeles)
(2)Under the law, the appointee “shall hold office at the
pleasure of the President” (Alba vs. Alba)
(3)Mayor dispensed with the services the City of Legal
Officer on the ground that the position was primarily
confidential in nature (Cadiente vs. Santos)
(4)The services of a private secretary in the office of the
President were terminated but no evidence was
adduced that his position was primarily confidential
(Cristobal vs. Melchor)
4. Commencement of terms of office
1. The date for the commencement of the term is
ordinarily fixed for some appreciable period after the election or

81
 appointment, in order to give the newly chosen officer time to
arrange his affairs and to qualify in the prescribed manner.
2. Where no time is fixed, the term will generally begin on
the date of the election, in the case of elective officers, and at
the date of the appointment where the officer is appointed.
3. Where the term runs "from" a certain date, the day of
the date is excluded in the computation.

5. Power of Congress to fix, shorten, or lengthen term

a. Where term fixed by the Constitution
b. Where term not fixed by the Constitution
6. Holding over after expiration of term
a. Where holding over provided by law
b. Where holding over not provided by law
c. Where Constitution limits term
d. Application of hold-over provision
e. Purpose of hold-over provision
f. Status of hold-over officer

Illustrative Case:
After a municipality was converted into Occidental
Mindoro, Judge of Court of First Instance of the original
Province of Mindoro, whose sala is located in Oriental
Mindoro, issued an order affecting land located in
Occidental Mindoro (Duldulao vs. Ramos)

7. Office created for the accomplishment of a specific act

Where an office is created, or an officer is appointed, for
the purpose of performing a single act or the
accomplishment of a given result, the office terminates
and the officer's authority ceases with the
accomplishment of the purpose which called it into being.
The termination of official relationship is equivalent to
expiration of the term. The office itself ceases to exist.

8. By reaching of age limit

This mode of terminating official relations results in the
compulsory and automatic retirement of a public officer.

9. By death or permanent disability

The death of the incumbent of an office, which is by law to
be filled by one person only, necessarily renders the
office vacant. The public official ceases to hold office
upon his death and all his rights, duties, and obligations
pertinent to the office are extinguished. But where the
authority to be exercised is conferred upon two or more
officers, a different rule applies. While the death of one, of
course, terminates his authority and leaves a vacancy to
82
 be filled, the whole office is not vacant. Unless the joint
action of all is expressly required, the survivors may
execute the office.

C. Acts or Neglect of Officer

1. By resignation
The right of a public officer to resign is well-recognized. It
is even provided that an officer may hold-over until
election and qualification of a successor. One who gains
an elective or appointive public office is not legally
committed to finish the term.

2. Meaning of resignation
A resignation by definition is the formal renunciation or
relinquishment of a public office. It implies an expression
by the incumbent in some form, express or implied, of the
intention to surrender, renounce, and relinquish his right
to the office and its acceptance by competent and lawful
authority.

3. Form of resignation
a. Where by law a resignation is required to be made in
any particular form, that form must be substantially complied
with.
b. Where no such form is prescribed, no particular mode
is required, but the resignation may be made by any method
indicative of the purpose. It need not be in writing, unless so
required by law. It may be oral or implied by conduct.

4. What constitutes resignation

a. an intention to relinquish a part of the term,
b. accompanied by the act of relinquishment, and
c. an acceptance by the proper authority

Illustrative Cases:
(1)Resignation was subject to result of appeal contesting
employee’s dismissal (Gonzales vs. Hernandez)
(2)Application for retirement benefits of a Commissioner
of the Commission on Elections whose “courtesy
resignation” was accepted by the President, was
denied by the Commission (Ortiz vs. Commission on
Elections)
(3)Petitioner claims that he did not resign as President of
the Philippines or he should not be considered as
resigned as of January 20, 2001 when respondent took
her oath as the 14th President of the Republic (Estrada
vs. Desierto)

83
5. To whom resignation tendered
The official with whom a resignation of a public office
must be filed may be designated by statute. In the
absence of a statutory direction, a public officer should
tender his resignation to the officer or body having
authority to appoint his successor or to call an election to
fill the office.

Illustrative Case:
Suspended mayor filed certificate of candidacy for
position of Congressman and lost in the election (Legaspi
vs. Espina)

6. Necessity of acceptance of resignation

a. Abandonment unlawful before acceptance
b. Resignation revocable before acceptance

7. Form of acceptance
The acceptance of the resignation may be manifested
either by a formal declaration or by the appointment of a
successor.

Illustrative Case:
Implied acceptance by the President of resignation was
shelved in the political party’s caucus (Punsalan vs.
Mendoza)

8. Withdrawal of resignation
An immediately effective resignation may be withdrawn
before it is acted upon, but not after acceptance. It has
also been held that the resignation of an officer, effective
at a future date, may not be withdrawn after the
resignation has been accepted. Accordingly, a public
employee is entitled to withdraw a prospective resignation
if the employee does so before its effective date, before it
has been accepted, and before the appointing power acts
in reliance on the resignation.

9. Repudiation of resignation
a. A resignation is not effective although a successor has
already been appointed to take the place of the first incumbent
if said resignation has been transmitted without the officer's
consent;
b. The resignation of a public officer procured by fraud or
by duress is voidable and may be repudiated; and
c. A resignation given as an alternative to have charges
filed against the public officer may be repudiated, for said

84
 resignation cannot be accepted as having been given by the
officer voluntarily and willingly.

10. Effect of duress or fraud

A resignation by an officer charged with misconduct is not
given under duress, though the appropriate authority has
already determined that the officer's alternative is
termination, where such authority has the legal authority
to terminate the officer's employment under the particular
circumstances, since it is not duress to threaten to do
what one has the legal right to do, or to threaten to take
any measure authorized by law and the circumstances of
the case.

11. By acceptance of an incompatible or prohibited office

It is contrary to the policy of the law that the same
individual should undertake to perform inconsistent and
incompatible duties. He who, while occupying one office,
accepts another incompatible with the first, ipso facto,
absolutely vacates the first office.

12. When offices incompatible with each other

Incompatibility is to be found in the character of the
offices and their relation to each other, in the
subordination of one to the other, and in the nature of the
functions and duties which attach to them.

13. Exceptions to rule on holding incompatible offices

a. Where the officer cannot vacate the first office by his
own act, upon the principle that he will not be permitted
to, thus, do indirectly what he could not do directly, as
where the law requires the approval of the provincial
board before a municipal official can resign.
b. Where the first office is held under a different
government from that which conferred the second;
c. Where the officer is expressly authorized by law to
accept another office; and
d. Where the second office is temporary

14. By abandonment of office

A public office may become vacant ipso facto by nonuser
or acquiescence. Thus, the abandonment of an office
may be indicated by the action of the incumbent in
voluntarily surrendering it to another under a mistaken
belief that the latter has been elected as his rightful
successor, or even by acquiescing in his own removal.

15. Meaning of abandonment

85
 Abandonment, in law, means the voluntary relinquishment
of an office by the holder of all right, title or claim thereto
without valid or justifiable reason with the intention of not
reclaiming it, or terminating his possession and control
thereof.

16. When there is abandonment of office

a. Clear intention to abandon office
b. Acceptance of another office
c. Concurrence of overt acts and intention
d. Failure to discharge duties of office, or to claim or
resume it
e. Acquiescence by the officer

Illustrative Case:
Petitioner, after accepting another position, sought
reimbursement to his former position from which he was
removed under a provision of law which was
subsequently declared violative of his constitutional right
to security of tenure (Canonizado vs. Aguirre)

17. Abandonment and resignation distinguished

Abandonment may be considered as a specie of
resignation. Both are voluntary acts. The latter is a formal
relinquishment, while the former is a relinquishment
through non-user. The latter is not a requisite to the
former. Non-user refers to a neglect to use a privilege or a
right or to exercise an easement or an office.
Abandonment implies nonuser, but nonuser does not of
itself, constitute abandonment. The failure to perform the
duties pertaining to the office must be with active or
imputed intention on the part of the officer to relinquish
the office.

18. Instances of abandonment

19. Acts not constituting abandonment
20. By prescription of right to office
a. Prescriptive period for filing petition for quo warranto
b. Rationale for the one-year period
c. Non-application of prescriptive period

D. Acts of the Government or the People

1. By removal
The officer removed may have derived his powers from
an election by the people, or by appointment by the
executive or head of office; while his removal may have
been after notice and hearing, or without hearing.” The
dismissal from the service in an administrative proceeding
86
 is the equivalent of the penalty of absolute perpetual
disqualification from office in a criminal case.

2. Meaning of removal
Removal entails the ouster of an incumbent before the
expiration of his term. It implies that the office exists after
the ouster.

3. What constitutes removal

a. Appointment of another officer
b. Transfer to another office
c. Demotion
d. Reassignment
e. Constructive removal or dismissal

4. Legislative regulation of removal

a. Where office created by statute
b. Where Constitution prescribes method of and cause for
removal

5. Removal as incident of right of appointment

a. Where term of office not fixed by law
b. Where term of office fixed by law
c. Where holding of position at pleasure of appointing
power or subject to some supervening event

6. Exercise of the power of removal

a. Absolute
b. Conditional

7. Power of removal of the President

8. Extent of the President's power of removal
9. Civil service officers and employees entitled to security of tenure
Security of tenure simply means that an officer or
employee in the civil service shall not be suspended or
dismissed except for cause as provided by law and only
after due process is accorded.

10. Guarantee extends to both those in career and non-career

positions
An officer or employee who belongs to the non-career
service is protected from removal or suspension without
just cause and nonobservance of procedural due process.
Thus, it was held that the protection accorded by the
Constitution applies to a city engineer, to a Special
Assistant of the Central Bank Governor in charge of the
Export Department, a highly technical position, and to the
Director for Security of the Bureau of Customs.
87
11. Grounds for removal or suspension under the Constitution
a. Members of Congress
b. The President. The Vice-President, the Members of the
Supreme Court, the Members of the Constitutional
Commissions, and the Ombudsman
c. Members of the Judiciary
d. Civil service officers or employees

12. Termination of temporary appointments

a. Appointee without requisite qualifications
b. Former incumbent illegally removed or suspended
c. Term of appointment for a definite period fixed by law

13. Grounds for disciplinary action under the Local Government Code
a. Disloyalty to the Republic of the Philippines;
b. Culpable violation of the Constitution;
c. Dishonesty, oppression, misconduct in office and
neglect of duty;
d. Commission of any offense involving moral turpitude or
an offense punishable by at least prision mayor,
e. Abuse of authority; or
f. Unauthorized absence for fifteen (15) consecutive
working days except in the case of members of the
sangguniang panlalazvigan, sangguniang panglunsod,
sangguniang bayan, and sangguniang barangay; and
g. Application for, or acquisition of, foreign citizenship or
residence or the status of an immigrant of another country; and
h. Such other ground as may be provided in the Code and
other laws.

14. Grounds for disciplinary action under the Civil Service Law
a. Dishonesty
b. Oppression;
c. Neglect of duty;
d. Misconduct;
e. Disgraceful and immoral conduct;
f. Being notoriously undesirable;
g. Discourtesy in the course of official duties;
h. Inefficiency and incompetence in the performance of
official duties;
i. Receiving for personal use a fee, gift or other valuable
thing in the course of official duties or in connection therewith
when such fee, gift, or other valuable thing is given by any
person in the hope or expectation of receiving a favor or better
treatment than that accorded other persons, or committing acts
punishable under the anti-graft laws;
j. Conviction of a crime involving moral turpitude;
88
 k. Improper or unauthorized solicitation of contribution
from subordinate employees and by teachers or school officials
from school children;
l. Violation of existing Civil Service Law and rules or
reasonable office regulations;
m. Falsification of official documents
n. Frequent unauthorized absences or tardiness in
reporting for duty, loafing or frequent unauthorized absences
from duty during regular office hours;
o. Habitual drunkenness;
p. Gambling prohibited by law;
q. Refusal to perform official duty or render overtime
service;
r. Disgraceful, immoral or dishonest conduct prior to
entering the service;
s. Physical or mental incapacity or disability due to
immoral or vicious habits;
t. Borrowing money by superior officers from subordinates
or lending by subordinates to superior officers;
u. Lending money at usurious rates of interest;
v. Willful failure to pay just debts or willful failure to pay
taxes due to the government;
w. Contracting loans of money or other property from
persons with whom the office of the employee concerned has
business relations;
x. Pursuit of private business, vocation or profession
without the permission required by Civil Service rules and
regulations;
y. Insubordination;
z. Engaging, directly or indirectly, in partisan political
activities by one holding non-political office;
aa. Conduct prejudicial to the best interest of the service;
bb. Lobbying for personal interest or gain in legislative
halls and offices without authority;
cc. Promoting the sale of tickets in behalf of private
enterprises that are not intended for charitable or public welfare
purposes and even in the latter cases if there is no prior
authority; and
dd. Nepotism.

15. Misconduct in office

Misconduct of a public officer or employee has been
defined as "a transgression of some established and
definite rule of action more particularly, unlawful behavior
or gross negligence by the public officer.

Illustrative Cases:

89
 (1)Mayor was administratively charged and preventively
suspended based solely on the filing of three separate
criminal cases for acts of lasciviousness (Palma, Sr.
vs. Fortich)
(2)Deputy sheriff enforced a writ outside the region of the
Regional Trial Court which issued it and went out of his
way to unduly favor a party to a case (Sarigumba vs.
Pasok)
(3)Petitioner a clerk (appointive officer) was charged with
malversation of the funds belonging to the employees’
cooperative association, a private entity (Nera vs.
Garcin)
(4)Mayor (elective officer) was convicted of slight physical
injuries, and charged with illegal cockfighting which
took place in another municipality and resisting arrest
(Ochate vs. Deling)
16. Nepotism
The Civil Service Decree prohibits all appointments (i.e.,
without making any distinction between different kinds or
types of appointments) in the national and local
governments or any branch or instrumentality thereof,
including government-owned or - controlled corporations,
made in favor of a relative of the:
a. appointing authority;
b. recommending authority;
c. chief of the bureau or office; or
d. person exercising immediate supervision over the
appointee.
17. Grounds for disciplinary action under the Code of Conduct and
Ethical Standards
18. Administrative investigation of elective local officials
a. Form and filing of administrative complaints
b. Notice of hearing
c. Preventive suspension
d. Salary of the respondent pending suspension
e. Rights of respondent
f. Form and notice of decision
g. Administrative appeals
h. Execution pending appeal

Illustrative Case:
Acting on behalf of the President, Executive Secretary
imposed preventive suspension on Provincial Governor
without formal investigation on the basis of position
papers (Joson vs. Torres)

90
19. Disciplinary action against appointive local officials and
employees
a. Administrative discipline
b. Preventive suspension
c. Administrative investigation
d. Disciplinary jurisdiction
e. Execution pending appeal

20. Disciplinary jurisdiction of the Civil Service Commission

a. Scope
b. Appellate jurisdiction over administrative disciplinary
cases
c. Jurisdiction of heads of departments, agencies and
instrumentalities
d. Investigation by a regional director or similar official
e. Execution of decision pending appeal
f. Reconsideration of a final and executory decision not
allowed
g. Power to terminate employment; academic freedom of
institutions of higher learning

21. Appeal by "party adversely affected by the decision”

Appeals, where allowable, shall be made by "the party
adversely affected by the decision." The quoted phrase
was interpreted by the Supreme Court as referring to the
government employee against whom the administrative
case is filed for the purpose of disciplinary action which
may take the form of suspension, demotion in rank or
salary, transfer, removal or dismissal from office. The law
does not contemplate a review of decisions exonerating
officers or employees from administrative charges. The
remedy of appeal may be availed of only in a case where
the respondent is found guilty of the charges filed against
him. In other words, in administrative disciplinary cases, a
judgment of exoneration is not appealable.

22. Withdrawal of complaint against respondent

a. Criminal and administrative cases impressed with
public interest
b. People’s faith and confidence in government involved
c. Truth and justice, not choice of witnesses, must rule

23. Cessation from office of respondent

Cessation from office of a respondent because of death,
resignation, or retirement neither warrants the dismissal
of the administrative complaint filed against him while he
was still in the service nor render said administrative case
moot and academic. Thus, the retirement of a judge or
91
 any judicial officer from the service does not preclude the
finding of any administrative liability to which he shall still
be answerable. Neither will the respondent's cessation
from office by death warrant the dismissal of the
administrative case against him as long as the complaint
was filed before his death.

24. Procedure in administrative cases against non-Presidential

appointees
25. Merit System Protection Board
Presidential Decree No. 1409290 creates a Merit
Systems Board in the Civil Service Commission,
composed of a Commissioner and two associated
Commissioners who are appointed by the Civil Service
Commissioner (who serves as the Executive Officer).
They have the same qualifications as a regional trial court
judge and may be removed only for cause as provided by
law.

26. Preventive suspension

a. Kinds
b. Preventive suspension pending investigation
c. Right to compensation where employee is exonerated
d. Preventive suspension pending appeal
e. Suspension from office under Section 13 of R.A. No.
3019, mandatory
f. Pre-condition for suspension
g. Duration of suspension
h. In the case of members of the Philippine National
Police
i. In the case of local elective officials
j. In the case of presidential appointees and other elective
officials
k. Where suspension imposed by Ombudsman
l. Prior notice and hearing not required
m. Members of Congress covered by R.A. No. 3019

27. Removal and suspension distinguished

a. As to duration
b. As to nature
c. As to time of imposition

28. Schedule of administrative penalties

29. The Sandiganbayan
a. Cases subject to its jurisdiction
b. Officials and private individuals subject to its jurisdiction
c. Jurisdiction of ordinary courts

92
30. The Ombudsman
a. Powers, functions, and duties of the Ombudsman
b. Officials subject to Ombudsman disciplinary authority

31. By impeachment
a. Impeachable officials
b. Power to initiate and to try impeachment cases

32. Meaning and purpose of impeachment

Impeachment has been defined as a method of national
inquest into the conduct of public men.

33. By abolition of office

a. Authority with power to abolish
b. Abolition of office even during term of incumbent

34. What constitutes abolition

To consider an office abolished, there must have been
intention to do away with it wholly and permanently, as
the word "abolish" denotes. Where there is no intention by
the municipal council to abolish an office, mere change in
rank or designation, e.g., from that of sergeant to that of
corporal to conform to a new legislation, does not amount
to abolition although the position is erroneously called
sergeant in the budget when it should have been
corporal. In other words, there is no abolition where the
position is the same one formerly held although it bears a
different name.

35. Removal from office and termination by abolition of an office

distinguished

Illustrative Case:
Director of a Bureau which was abolished claims that he
was illegally removed by virtue of failure to appoint him
head of the new office which replaced the abolished
Bureau (Manalang vs. Quitoriano)

36. Abolition must not constitute removal without cause

a. Right to public office not absolute
b. Where abolition done in bad faith
c. Requirements of valid abolition
d. Instances of valid abolition

37. Termination through reorganization

Reorganization occurs when there is an alteration of the
existing structure of government offices or units therein,
including the lines of control, authority and responsibility
93
 between them to promote greater efficiency, to remove
redundancy of functions, or to effect economy and make it
more responsive to the needs of their public clientele.

Illustrative Case:
Abolition of municipal positions was made as a mere
subterfuge for removal (Briones vs. Osmena, Jr)

38. By conviction of a crime

When the penalties of perpetual or temporary absolute
disqualification or penalties of perpetual or temporary
special disqualification are imposed upon conviction of a
crime, termination of official relations results, for one of
the effects of the imposition of said penalties under
Articles 30 and 31 of the Revised Penal Code is the
deprivation of the public office or employment which the
offender may have held, even if conferred by popular
election.

Illustrative Case:
Court ordered reinstatement, after acquittal of criminal
charge of employee, but Civil Service Commissioner’s
decision found him guilty, ordering his removal (People
vs. Consigna)

39. What constitutes conviction

To constitute a conviction, there must not only be
adjudication of guilt, by plea or verdict, but in addition, a
judgment whether it imposes a sentence or suspends
sentence. In some instances, however, some courts have
taken the view that a verdict of guilty alone was sufficient
to constitute a "conviction" within the provision involved.

40. Effects of pardon

a. Pardon granted after conviction frees the individual
from all the penalties and legal disabilities and restores
him to all his civil rights.
b. Pardon restores his eligibility for appointment to that
office.
c. Pardon merely removes the disqualification from
holding public employment but it cannot go beyond that.
d. Pardon does not extinguish the civil liability of the
grantee arising from the crime he has been convicted of.

41. By recall
By this procedure, an elective official may be removed at
any time during his term by the vote of the people at an
election called for such purpose or at a general election.
94
 Under the Constitution, Congress is mandated to provide
in the local government code an effective mechanism of
recall of local officials.

42. Purpose and nature of the power of recall

a. Effective speedy remedy for removal
b. Political in nature involving exercise of judicial functions
c. Essentially the power of removal exercised by the
people themselves
43. Recall of local elective officials
a. By whom exercised
b. Initiation of the recall process
c. Election on recall
d. Effectivity of recall
e. Prohibition from resignation
f. Limitations on recall

Illustrative Case:
The resolution of the Preferatory Recall Assembly to
initiate the recall of the petitioner as the elected Mayor of
Pasay City was adopted on May 29, 1999, less than a
year after he had assumed office but the filing of the
petition for recall with the Office of the Election Officer
was made on July 2, 1999, exactly one (1) year and a day
after the petitioner’s assumption of office (Claudio vs.
Commission on Elections)

ELECTION LAW

Chapter I — GENERAL PRINCIPLES

1. Theory of popular sovereignty
Section 1, Article II of the Constitution says: "The
Philippines is a democratic and republican state.
Sovereignty resides in the people and all government
authority emanates from them."

2. Meaning of suffrage
Suffrage is the right as well as obligation of qualified
citizens to vote in the election of certain national and local
officers of the government and in the decision of public
questions submitted to the people.

3. Nature of suffrage
Suffrage is not a natural right of the citizens but merely a
privilege to be given or withheld by the lawmaking power
95
 subject to constitutional limitations. It is not a necessary
accompaniment of citizenship. It is granted to individuals
only upon the fulfillment of certain minimum conditions
deemed essential for the welfare of society.

4. Scope of suffrage
a. Election
b. Plebiscite
c. Referendum
d. Initiative
e. Recall

5. Object of suffrage and election laws

The main object of suffrage is the continuity of
government and the preservation and perpetuation of its
benefits. This object is two-fold: to enable the people to
choose their representatives to discharge sovereign
functions and to determine their will upon such questions
submitted to them. The first is done thru election, and the
second, by means of a plebiscite, referendum, initiative,
and recall.

6. Power of Congress to regulate suffrage and elections

Since the right of suffrage is a political and not a natural
right, it is within the power of the State to prescribe the
manner in which such right shall be exercised.

7. Constitutional provisions on suffrage

a. Qualifications of voters/Disqualifications provided by
law
b. Mandates on Congress

8. Substantive requirements for exercise of suffrage

1. Literacy requirement
2. Property requirement
a. Property ownership not a test of an individual
capacity
b. Property requirement inconsistent with concept of
republican government
c. Property requirement inconsistent with social
justice principles
3. Other substantive requirements
a. Education
b. Sex
c. Taxpaying ability

Chapter II — THE COMMISSION ON ELECTIONS

1. Purpose of the Commission
96
 The Commission on Elections is organized for that
purpose. The intention is to place it outside the influence
of political parties and the control of the legislative,
executive, and judicial organs of the government. It is an
independent administrative tribunal, co-equal with the
other departments in respect to the powers vested in it.

2. Composition
The Commission on Elections is composed of a Chairman
and six (6) Commissioners.

3. Qualifications of members
The Chairman and Members of the Commission "shall be
natural-born citizens of the Philippines and, at the time of
their appointment, at least thirty-five years of age, holders
of a college degree, and must not have been candidates
for any elective position in the immediately preceding
elections. However, a majority thereof, including the
Chairman, shall be members of the Philippine Bar who
have been engaged in the practice of law for at least ten
years.”

4. Appointment and terms of office of members

The Chairman and the Commissioners are appointed by
the President with the consent of the Commission on
Appointments for a term of seven (7) years without
reappointment. Of the Commissioners first appointed,
three (3) shall hold office for seven (7) years, two (2) for
five (5) years, and the last members for three (3) years,
without reappointment.

5. Disabilities of members
"No Member of a Constitutional Commission shall, during
his tenure, hold any other office or employment. Neither
shall he engage in the practice of any profession or in the
active management or control of any business which in
any way may be affected by the functions of his office, nor
shall he be financially interested, directly or indirectly, in
any contract with, or in any of its subdivisions, agencies,
or instrumentalities, including government-owned or
controlled corporations or their subsidiaries."

6. Constitutional powers and functions of the Commission

7. Enforce and administer laws relative to conduct of elections, etc
a. Scope of power
b. Specific powers included
c. Where proclamation had been made

97
8. Decide election contests
Election contest refers to the adversary proceedings by
which matters involving the title or claim to an elective
office, made before or after proclamation of the winner, is
settled whether or not the contestant is claiming the office
in dispute. In the case, however, of elections of barangay
officials, the term is restricted to proceedings after the
proclamation of the winner as no preproclamation
controversies are allowed.

9. Decide all questions affecting elections

10. Deputize law enforcement agencies
Under the Constitution, the deputizing should be with the
concurrence of the President. This limitation seeks to
make the holding of "free, orderly, honest, peaceful, and
credible elections" the joint responsibility of the President
and the Commission.

11. Register political parties, etc. and accredit its citizens arms
a. Political parties (infra.) which (a) have no platform or
program of government, or (b) seek to achieve their goals
through violence or unlawful means, or (c) refuse to
uphold and adhere to the Constitution, or (d) are
supported by any foreign government shall be refused
registration.
b. Religious denominations and sects are not allowed to
be registered as political parties in view of the principle of
separation between the church and the state.
c. Acceptance of financial contributions from foreign
governments and their agencies related to elections is a
ground for the cancellation of the registration of a political
party or organization. Such contributions are declared as
constituting interference in our internal affairs.
d. Citizens' arms accredited by the Commission are
supposed to be completely neutral and non-partisan in
assisting the Commission in the conduct of elections, etc.

12. File petitions, investigate, and prosecute

The Constitution mandates the Commission not only to
investigate but also to prosecute cases of violation of
election laws. This means that the Commission is
empowered to conduct preliminary investigations in cases
involving election offenses for the purpose of helping the
court determine probable cause and for filing an
information in court. This power is exclusive with
Commission.

13. Recommend measures

98
 As the body charged with the duty of enforcing and
administering laws relative to the conduct of elections,
etc., the Commission on Elections has also the duty to
recommend measures as would effect more
improvements on the election laws of the country such as
those that would curb overspending, ensure the
enforcement of the fair and equal exposure rule for
political parties and their candidates, including limitation
of places where propaganda materials shall be posted,
and prevent a strong party or candidate from taking
undue advantage of the weakness of the others.

14. Recommend removal or disciplinary action

The President may or may not follow the recommendation
of the Commission on Elections. However, since the
deputization was with the concurrence of the President, it
is unlikely that he will disregard the recommendation of
the Commission.

15. Submit report

The report required should contain a description on how a
previous election (regular or special), plebiscite, initiative,
referendum, or recall was conducted and what laws or
regulations, if any, were violated. The Commission on
Elections may also make recommendations with respect
to flaws or defects it has discovered in the enforcement of
the election laws.

16. Power to punish for contempt

The Commission on Elections not only has the duty to
enforce and administer all laws relative to the conduct of
elections, but also to hear and decide any controversy
that may be submitted to it in connection with the
elections. And as an incident of the power, it may also
punish for contempt in those cases provided for in Rule
64 of the Rules of Court. The power to punish for
contempt is inherently judicial in character.

17. Finality of decisions

Under Section 2(2) of the Constitution, where the election
contests involve elective municipal and barangay officials,
the decisions, final orders or rulings of the Commission on
Elections shall be final, executory and not appealable.
Those involving elective regional, provincial, and city
officials may be appealed to the Supreme Court.

18. Hearing and deciding of election cases

a. First at Division level
99
 b. Commission en banc
c. Factual findings of the Commission
d. Technical rules of evidence
e. Period for rendition of decisions
f. Preferential disposition of election contests

19. Regulation of public entities and media

"The Commission may, during the election period,
supervise or regulate the enjoyment or utilization of all
franchises or permits for the operation of transportation
and other public utilities, media of communication or
information, all grants, special privileges, or concessions
granted by the government or any subdivision, agency, or
instrumentality thereof, including any government-owned
or controlled corporation or its subsidiary. Such
supervision or regulation shall aim to ensure equal
opportunity, time, and space, and the right to reply,
including reasonable, equal rates therefor, for public
information campaigns and forums among candidates in
connection with the objective of holding free, orderly,
honest, peaceful, and credible elections."

20. Pardon, etc. of violators of election laws

"No pardon, amnesty, parole, or suspension of sentence
for violation of election laws, rules, and regulations shall
be granted by the President without the favorable
recommendation of the Commission."

21. Election and campaign periods

"Unless otherwise fixed by the Commission in special
cases, the election period shall commence ninety days
before the election and shall end thirty (30) days
thereafter."

22. Rendition of decision and judicial review

"[The Commission on Elections] shall decide by a majority
vote of all its members any case or matter brought before
it within 60 days from the date of its submission for
decision or resolution. A case or matter is deemed
submitted for decision or resolution upon the filing of the
last pleading, brief, or memorandum required by the rules
of the Commission or by the Commission itself. Unless
otherwise provided by this Constitution or by law, any
decision, order or ruling of each Commission may be
brought to the Supreme Court on certiorari by the
aggrieved party within thirty days from receipt or a copy
thereof."
100
23. Rules of procedure
Substantive rights are rights which substantive law
declares or rights concerning life, liberty, or property.95
Examples are the rights provided in Article III (Bill of
Rights) of the Constitution. Procedural rights, on the other
hand, refer to the remedies or means by which an
aggrieved party, whose (substantive) rights have been
violated, may bring his case to suit, trial, and judgment.
An example is the right of a party to appeal a decision of
a lower court to a higher court.

24. Votes required for rendition of decision

Under Article IX-A, Section 7 of the Constitution, the
Commission on Elections "shall decide by a majority vote
of all its members any case or matter brought before it. x
x x"

25. Additional functions as may be provided by law

By means of legislation, the Commission on Elections can
be given the necessary measure of flexibility in the
discharge of its constitutional tasks. Of course, Congress
cannot diminish the powers and functions granted by the
Constitution to the Commission.

26. Powers and functions of the Commission under the Omnibus

Election Code

Chapter III — REQUIREMENTS BEFORE ELECTION

A. Registration
1. Registration of voters
As a means of determining who possess the qualifications
of voters, and of regulating the exercise of the right to
vote, statutes have been passed requiring the names of
those entitled to vote to be previously recorded by officers
provided for that purpose. These laws are ordinarily
known as registration laws, and the act of listing the
names as registration.

2. Necessity of registration
Registration is essential to the exercise of the right of
suffrage, not the possession thereof. It is part and parcel
of the right to vote and an indispensable element in the
election process.

Illustrative Case:

101
 COMELEC denied request of petitioners to hold a special
registration of new voters ages 18 to 21 (Akbayan Youth
vs. Commission on Elections)

3. Registration with Election Registration Board

There shall be in each city and municipality as many as
Election Registration Boards as there are election officers
therein to act on all applications for registration in thickly
populated cities/municipalities. The Commission may
appoint additional election officers for such duration as
may be necessary.

4. Preservation of Voter's Registration Records

a. Compilation of original copies
b. Provincial file
c. National central file

5. Identification of voters
a. Voter’s identification card
b. Voter’s identification number

6. Deactivation of Registration
The Election Registration Board shall deactivate the
registration and remove the registration records of the
following persons from the corresponding precinct book of
voters and place the same, properly marked and dated in
indelible ink, in the inactive file after entering the cause or
causes of deactivation.

7. Reactivation of registration
Any voter whose registration has been deactivated may
file with the Election Officer a sworn application for
reactivation of his registration in the form of an affidavit
stating that the grounds for the deactivation no longer
exist any time but not later than 120 days before a regular
election and 90 days before a special election.

8. Cancellation of registration
The Board shall cancel the registration records of those
who have died as certified by the Local Civil Registrar
who shall submit each month a certified list of persons
who died during the previous month to the Election Officer
of the place where the deceased is registered.

9. List of voters per precinct

List of voters refers to an enumeration of names of
registered voters in a precinct duly certified by the
Election Registration Board for use in the election.
102
10. Book of Voters
The Book of Voters refers to the compilation of all
registration records in a precinct.

11. Inclusion, exclusion, and correction of names of voters

a. Judicial proceedings
b. Jurisdiction in inclusion and exclusion cases
c. Petition for inclusion of voters in the list
d. Petition for exclusion of voters from the list
e. Verification of list of registered voters
f. Voter excluded through inadvertence or registered with
an erroneous or misspelled name
g. Voters excluded through inadvertence or registered
with an erroneous or misspelled name

12. Inclusion and exclusion proceedings summary in character

a. Factual tradings and conclusions of trial court not
conclusive on COMELEC
b. Scope of court’s authority
c. Decision, not res judicata
d. Issue of compliance with residency requirement
e. Jurisdiction of lower court limited

13. Qualifications of a voter

a. Citizenship
b. Age
c. Residence

14. Residence qualification of voter/candidate

a. Residence, a matter of intention
b. Abandonment of Residence

Illustrative Case:
Petitioner was disqualified by the Commission on
Elections for allegedly failing to meet the residence
requirement provided by section 6, Article VI of the
Constitution for the position of Representative of the First
Congressional District of Leyte (Romualdez-Marcos vs.
Commission on Elections)

15. Disqualifications from voting

a. Any person who has been sentenced by final judgment
to suffer imprisonment for not less than one (1) year, such
disability not having been removed by plenary pardon or
granted amnesty. Any such person disqualified to vote shall
automatically reacquire the right to vote upon expiration of five
(5) years after service of sentence;
103
 b. Any person who has been adjudged by final judgment
by competent court or tribunal of having committed any crime
involving disloyalty to the duly constituted government such as
rebellion, sedition, violation of the anti-subversion and firearms
laws, or any crime against national security in accordance with
the law. He shall automatically reacquire his right to vote upon
expiration of five (5) years after service of sentence; and
c. Insane or incompetent persons as declared by
competent authority unless subsequently declared by proper
authority that such person is no longer insane or incompetent.
The above persons are not qualified to vote even if they have
the necessary qualifications.

B. Precincts and Polling Places

1. Election precincts
The basic unit of territory established by the Commission
on Elections for the purpose of voting is the election
precinct.

2. Publication of maps of precincts

At least five (5) days before the first registration day
preceding a regular election or special election or a
referendum or a plebiscite, the Commission on Elections
shall, through its duly authorized representative, post in
the city hall or municipal building and in three (3) other
conspicuous places in the city or municipality and on the
door of each polling place, a map of the city or
municipality showing its division into precincts with their
respective boundaries and indicating therein all streets
and alleys in populous areas and the location of each
polling places.

3. Polling places and their designation

A polling place refers to the building or place where the
board of election inspectors conducts its proceedings and
where the voters cast their votes. Voting center, on the
other hand, refers to the building or place where the
polling place is located.

4. Arrangements and contents of polling places

a. A voting booth for every 20 voters
b. Guard rail in every polling place
c. A ballot box in each polling place
d. 10 voting booths in each polling place

5. Furnishing of ballot boxes, forms, stationeries and materials for

election

104
 The Commission on Elections shall prepare and furnish
the ballot boxes, forms, stationeries and materials
necessary for the registration of voters and the holding of
the election.

6. Requisition, printing and distribution of official ballots and election

returns
The official ballots and election returns shall be printed
upon orders of the Commission on Elections. Requisition
of official ballots shall be for each city and municipality, at
the rate of one and one-fifth ballots for every registered
voter in the next preceding election, and for election
returns, at one set thereof for every polling place.

7. Name of watchers
The ruling party and the dominant opposition party or their
respective duly authorized representatives in the different
provinces, cities and municipalities, shall submit the
names of their respective watchers who, together with the
representatives of the Commission and the provincial, city
and municipal treasurers shall verify the contents of the
boxes containing the shipment of official ballots, election
returns and sample official ballots received by the said
treasurers.

8. Form and contents of ballots

9. Signature of Chairman at back of every ballot
In every case before delivering an official ballot to the
voter, the chairman of the board of election inspectors
shall in the presence of the voter, affix his signature at the
back thereof. Failure to so authenticate shall be noted in
the minutes of the board of election inspectors and shall
constitute an election offense punishable under Sections
263 and 264 of the Omnibus Election Code.

10. Publication of official ballots, etc

The Commission on Elections shall publish at least ten
(10) days before an election in a newspaper of general
circulation certified data on the number of official ballots
and election returns and the names and addresses of the
printers and the number printed by each.

C. Certificates of Candidacy
1. Meaning of candidate
Under the Omnibus Election Code, the term candidate
refers to any person aspiring for or seeking an elective
public office, who has filed a certificate or candidacy by

105
 himself or through an accredited political party,
aggroupment, or coalition of parties.

2. Meaning of certificate of candidacy

A certificate of candidacy is in the nature of a formal
manifestation to the whole world of the candidate's
political creed or lack of political creed.

3. Filing of certificate of candidacy

No person shall be eligible for any elective public office
unless he files a sworn certificate of candidacy within the
period fixed by the Omnibus Election Code.

4. Time, place, and manner of filing

Under R.A. No. 7166 which provides for synchronized
national and local elections, the certificates of candidacy
of any person running for the office of President, Vice-
President, Senator, Member of the House of
Representatives or any elective provincial, city, or
municipal office, shall be filed in five (5) legible copies
with the offices of the Commission specified below not
later than the day before the date legally fixed for the
beginning of his campaign period.

5. Printing of candidates' names in election returns

If a candidate has been disqualified or declared a
nuisance candidate, it shall be the duty of the
Commission to instruct without delay the appropriate
election officials to delete the name of said candidate as
printed in the election return.

6. Importance of a valid certificate of candidacy

a. Requirement absolutely mandatory
b. Purpose of law

7. Withdrawal of certificate of candidacy

a. Time and form
b. Place of filing
c. Effect of withdrawal

8. Automatic resignation
Any person holding a public appointive office or position,
including active members of the Armed Forces of the
Philippines, and officers and employees in government-
owned or controlled corporations, shall be considered
ipso facto resigned from his office upon the filing of his
certificate of candidacy.

106
 Illustrative Case:
Votes were counted in favor of a candidate for kagawad
on the theory that he was still and incumbent barrio
captain notwithstanding the filing of a certificate of
candidacy for the office of kagawad (Flores vs.
Commission on Elections)

9. Certified list of candidates

In cities with more than one election registrar, the

Commission on Elections shall designate the election
registrar who shall receive the certificate of candidacy.

10. Candidates in case of death, disqualification or withdrawal of

another
If after the last day for the filing of certificates of
candidacy, an official candidate of registered or
accredited political party dies, withdraws or is disqualified
for any cause, only a person belonging to, and certified
by, the same political party may file a certificate of
candidacy to replace the candidate who died, withdrew, or
was disqualified.

11. Where certificate of candidacy cancelled

In all the instances enumerated in Section 77, the
existence of a valid certificate of candidacy seasonably
filed is a requisite sine qua non for substitution.

12. Votes cast for substituted candidates

In case of valid substitutions after the official ballots have
been printed, the votes cast for the substituted candidates
shall be considered as stray votes but shall not invalidate
the whole ballot. For this purpose the official ballots shall
provide spaces where the voters may write the name of
the substitute candidates if they are voting for the latter.

13. Petition to deny due course to or cancel a certificate of candidacy

A verified petition seeking to deny due course to or cancel
a certificate of candidacy (not to disqualify a candidate)
may be filed by any person exclusively on the ground that
any material representation contained therein as required
under Section 74 (Contents of Certificate of Candidacy) is
false.

14. Petition distinguished from petition for inclusion/exclusion of

voters
15. Cancellation of certificate by Commission
a. Grounds
107
 b. When decisions become final and executory
c. Validity of votes where certificate cancelled

16. Votes for candidates with disqualification case

17. Material and false misrepresentation in the certificate
Every person aspiring to hold any elective public office
must file a sworn certificate of candidacy. One of the
things which should be stated therein is that the candidate
is eligible for the office. In case there is a material
misrepresentation in the certificate of candidacy, the
Commission on Elections is authorized to deny due
course to or cancel such certificate upon the filing of a
petition by any person pursuant to Section 78 (supra.) of
the Omnibus Election Code.

18. Residence requirement of a candidate

19. Similarity/difference of proceeding with quo warranto proceeding
a. Qualifications of candidate
b. Time for filing petition
c. Grounds
d. Petition for quo warranto not barred by failure to file
petition to disqualify
e. Material representation contemplated by Section 78
f. Material representation with intention to deceive

20. Remedy where candidate has been proclaimed

a. Certain steps required before election construed as
directory after elections
b. Rationale for principle
c. Doubts resolved in favor of candidate’s eligibility

21. Disqualifications
22. Rules governing cases of disqualifications before the election
a. Complaint filed before election
b. Complaint not resolved before election
c. Complaint filed after election and proclamation of
winner
d. Complaint filed after election but before proclamation of
winner
e. Submission of recommendation to Commission en
banc

Illustrative Case:
Complaint for disqualification was filed after the election
against a candidate who has not yet been proclaimed a
winner, and was subsequently proclaimed as there was
no prima facie of guilt yet (Bagatsing vs. Commission on
Elections)
108
23. Effect of disqualification case
a. After final judgment
b. Before final judgment
c. Candidate who obtained second highest number of
votes

Chapter IV — ELECTION CAMPAIGN AND EXPENDITURES

A. Campaign and Election Propaganda
1. Meaning of election campaign or partisan political activity
The term election campaign or partisan political activity
refers to an act designed to promote the election or defeat
of a particular candidate or candidates to a public office. It
includes forming organizations or groups of persons,
holding political caucuses, meetings, rallies or other
similar assemblies, making speeches, announcements, or
commentaries, or holding interviews, and publishing or
distributing campaign literature or materials for the
purposes of, directly or indirectly, soliciting votes, pledges
or support for or against any candidate, and/or
undertaking any campaign or propaganda to support or
oppose the election of any candidate.

2. Prohibited acts
3. Lawful election propaganda
a. Pamphlets, leaflets, cards, decals, stickers or other
written or printed materials of a size not more than 81/2 inches
in width and 14 inches in length;
b. Handwritten or printed letters urging voters to vote for
or against any particular political party or candidate for public
office;
c. Cloth, paper or cardboard posters, whether framed or
posted, with an area not exceeding two (2) feet by three (3)
feet, except that, at the site and on the occasion of a public
meeting or rally, or in announcing the holding of said meeting or
rally, streamers not exceeding three (3) feet by eight (8) feet in
size, shall be allowed. However, said streamers may not be
displayed five (5) days before the date of meeting or rally and
shall be removed within 74 hours after said meeting or rally; or
d. Paid advertisements in print or broadcast media
provided said advertisements follow the requirements (infra.)
set forth in the Fair Election Act;
e. All other forms of election propaganda not prohibited by
the Omnibus Election Code or the Fair Election Act.

4. Requirements for published or printed election propaganda

5. Election surveys

109
 Election surveys refer to the measurement of opinions
and perceptions of the voters as regards a candidate's
popularity, qualifications, platforms or a matter of public
discussion in relation to the election, including voters'
preference for candidates or publicly discussed issues
during the campaign period.

6. Equal access to media time, and space

All registered parties and bona fide candidates shall have
equal access to media time and space. The following
guidelines may be amplified on by the COMELEC.

7. Affirmative action by the COMELEC

8. Regulation of election propaganda through mass media
The Commission on Elections shall promulgate rules and
regulations regarding the sale of air time for partisan
political purposes during the campaign period to insure
that equal time as to duration and quality is available to all
candidates for the same office or political parties at the
same rates or given free of charge.

9. Rallies, meetings, and other political activities

Subject to the requirements of local ordinances on the
issuances of permits, any political party supporting official
candidates or any candidate individually or jointly with
other aspirants may hold peaceful political rallies,
meetings and other similar activities during the campaign
period.

10. COMELEC space, poster area, time and information bulletin

11. Mass media advertising for candidates
R.A. No. 9006 repealed Section 11(b) of R.A. No. 6646
which declares unlawful "for any newspaper, radio
broadcasting or television station, or other mass media, or
any person making use of the mass media to sell or to
give free of charge print space or air time for campaign or
other political purposes except to the Commission as
provided under Sections 90 and 92 of Omnibus Election
Code, (infra.) Any mass media columnist, commentator,
announcer or personality who is a candidate for any
elective public office shall take a leave of absence from
his work as such during the campaign period."

Illustrative Cases:
(1)The constitutionality of Section 11(b) of R.A. No. 6646
is challenged (National Press Club vs. Commission on
Elections)

110
 (2)COMELEC’s resolution prohibiting the posting of
decals and stickers on “mobile” places, public or
private, and limiting their location or publication to
authorized posting areas that it fixes, is challenged
(Adiong vs. Commission on Elections)
(3)Petition for prohibition seeks a reexamination of the
validity of section 11(b) of R.A. No. 6646, the Electoral
Reforms Law of 1987, which prohibits mass media
from selling or giving free or charge print space or air
time for campaign or other political purposes, except to
the Commission on Elections (Osmena vs.
Commission on Elections)
12. Posting of campaign materials
The COMELEC may authorize political parties and party-
list groups to erect common poster areas for their
candidates in not more than 10 public places such as
plazas, markets, barangay centers and the like, wherein
candidates can post, display or exhibit election
propaganda. The size of the poster areas shall not
exceed 12 by 16 feet or its equivalent.

13. Public forum

The Commission on Elections shall encourage non-
political, nonpartisan private or civic organizations to
initiate and hold in every city and municipality, public fora
at which all registered candidates for the same office may
simultaneously and personally participate to present,
explain, and/or debate on their campaign platforms and
programs and other like issues.

B. Electoral Contributions and Expenditures

1. Meaning of contribution
As used in the Omnibus Election Code, the term
contribution includes a gift, donation, subscription, loan,
advance or deposit of money or anything of value, or a
contract, promise or agreement to contribute, whether or
not illegally enforceable, made for the purpose of
influencing the results of the elections but shall not
include services rendered without compensation by
individuals volunteering a portion or all of their time in
behalf of a candidate or political party.

2. Meaning of expenditure
As used in the Omnibus Election Code, the term
expenditure includes the payment or delivery of money or
anything of value, or a contract, promise or agreement to

111
 make an expenditure, for the purpose of influencing the
results to the election.

3. Prohibited contributions
a. Public or private financial institutions. However, they
are not prohibited from making any loan to a candidate or
political party if they are legally in the business of lending
money, and that the loan is made in accordance with laws and
regulations and in the ordinary course of business;
b. Natural and juridical persons operating a public utility or
in possession of or exploiting any natural resources of the
nation;
c. Natural and juridical persons who hold contracts or
subcontracts to supply the government or any of its divisions,
subdivisions or instrumentalities, with goods and services or to
perform construction or other works;
d. Natural and juridical persons who have been granted
franchises, incentives, exemptions, allocations or similar
privileges or concessions by the government or any of its
divisions, subdivisions or instrumentalities, including
government-owned or -controlled corporations;
e. Natural and juridical persons who, within one (1) year
prior to the date of the election, have been granted loans in
excess of P25,000 by the government or any of its divisions,
subdivisions or instrumentalities including government-owned
or -controlled corporations;
f. Educational institutions which have received grants of
public funds amounting to no less than P100,000.00;
g. Officials or employees in the Civil Service, or members
of the Armed Forces of the Philippines; and
h. Foreigners and foreign corporations.

4. Prohibited soliciting of contributions

5. Prohibited raising of funds
6. Limitations upon expenses
a. For candidates
b. For political parties

7. Prohibited donations by candidates

No candidate, his or her spouse or any relative within the
second civil degree of consanguinity or affinity, or his
campaign manager, agent or representative shall during
the campaign period, on the day before and on the day of
the election, directly or indirectly, make any donation,
contribution or gift in cash or in kind, or undertake or
contribute to the construction or repair of roads, bridges,
schoolhouses, puericulture centers, pavements, or any
structure for public use or the use of any religious or civic
112
 organizations, such as religious stipends, titles or
collections on Sundays or other designated collection
days, as well as periodic payments for legitimate
scholarships established and school contributions
habitually made before the prohibited period, are
excluded from the prohibition.

8. Statement of contributions and expenditures

a. Time for filing

b. Effect of failure to file
C. Political Parties
1. Meaning of political party under the Code
Political party or party, when used in the Omnibus
Election Code, means an organized group of persons
pursuing the same ideology, political ideas or platforms of
government and includes its branches and divisions. This
requires that the group be joined in a party corporate,
articulate with the attributes of social personality, set of
by-laws, rules, or charter, or agreement as to how the
group shall function, be presided over, and express its
collective will.

2. Registration of political parties

To acquire juridical personality, qualify it for subsequent
accreditation, and entitle it to rights and privileges granted
to political parties, a political party shall first be duly
registered with the Commission on Elections.

3. Nomination and selection of official candidates

No political convention or meeting for the nomination or
election of the official candidates of any political party or
organization or political groups or coalition thereof shall be held
earlier than the following periods.
a. For President, Vice-President, and Senators, 165 days
before the day of the election; and
b. For Members of the House of Representatives and
elective provincial, city or municipal official, 75 days
before the day of the election.

4. Disputes as to party nominations

a. Conduct of party’s internal affairs
b. Determination of factional/nomination controversies
c. Irregularity in nomination of successful candidate

113
5. Intra-party leadership and membership disputes
a. Question of party leadership
b. Issue of party membership and discipline

6. The party-list system

a. The party-list system, is a mechanism of proportional
representation in the election of representatives to the
House of Representative from national, regional, and
sectoral parties, organizations and coalitions thereof
registered with the Commission on Elections. Component
parties or organizations of a coalition may participate
independently provided the coalition of which they form
part does not participate in the party-list system.
b. A party means either a political party or sectoral party
or a coalition of parties.
c. A political party refers to an organized group of citizens
advocating an ideology or platform, principles and policies
for the general conduct of government and which, as the
most immediate means of securing their adoption,
regularly nominates and supports certain of its leaders
and members as candidates for public office.
1) It is a national party when its constituency is
spread over the geographical territory of at least a
majority of the regions.
2) It is a regional party when its constituency is
spread over the geographical territory of at least a
majority of the cities and provinces comprising the
region.
d. A sectoral party refers to an organized group of citizens
belonging to any of the sectors enumerated in Section 2
of the Act hereof whose principal advocacy pertains to the
special interests and concerns of their sector.
e. A sectoral organization refers to a group of citizens or a
coalition of groups of citizens who share similar physical
attributes or characteristics, employment, interests or
concerns.
f. A coalition refers to an aggrupation of duly registered
national, regional, or sectoral parties or organizations for
political and/or election purposes.

Illustrative Case:
Petitioners seek the disqualification of political parties
from participation in the 2001 party-list elections
contending that the party list system is exclusive to
marginalized and unrepresented sectors or organizations
(Ang Bagong Bayani-OFW Labor Party, et al. vs.
Commission on Elections)

114
Chapter V — THE ELECTION
A. Preliminary Considerations
1. Meaning of election
An election is the embodiment of the popular will, the
expression of the sovereign will of the people in the
choice or selection of candidates to public office for
definite and fixed periods or in deciding some question of
public interest.

2. Kinds of election
a. A general election is one provided for by law for the
election to offices throughout the State, or certain
subdivisions thereof, after the expiration of the full term of
former officers.
b. A regular election is an election, national or local, held
at regular intervals on such dates provided by law; and
c. A special election is one provided for by law under
special circumstances. It may refer to an election not
regularly held to fill vacancy in office before the expiration
of the full term for which the incumbent was elected, or an
election at which some issue or proposition is submitted
to the vote of the qualified electors. It also refers to an
election held when there is a failure of election.

3. Purpose of election
The purpose of an election is to give the people through
the qualified voters a direct participation in the affairs of
this government, either in determining who shall be their
public officials for a certain period of time or in deciding
some question of public interest. For this purpose, it is
essential that all of the legal voters be permitted,
unhampered and unmolested, to cast their ballots.

4. Construction of election laws

5. Authority for holding election
Elections cannot be held and offices acquired at the mere
option of the office seeker. In order, therefore, to hold a
valid election, authority so to hold it must be found
conferred by the people, either directly through the
Constitution which they have themselves ordained, or
indirectly, through the enactments of their legal
representatives, the legislature.

6. Time of holding election

a. Legal authority with power to fix time
b. Substantial observance with time fixed

7. Notice of the election

115
 a. Substantial compliance with notice requirement
b. Sufficiency of notice

8. Date of election under the law

In accordance with the constitutional policy to synchronize
elections so that there shall be simultaneous regular
elections for national and local officials once every three
(3) years, Republic Act No. 7166 provided for an election
for President, Vice-President, twenty-four (24) Senators,
all elective Members of the House of Representatives,
and at elective provincial, city, and municipal officials on
the second Monday of May, 1992. Thereafter, the
President and Vice-President shall be elected on the
same day every six (6) years; while the Senators, elective
Members of the House of Representatives and all elective
provincial, city, and municipal official shall be elected on
the same day every three (3) years, except that with
respect to Senators, only twelve (12) shall be elected.

9. Election of members of Sangguniang Panlalawigan, Sangguniang

Panlungsod, and Sangguniang Bayan
10. Postponement of election
a. Grounds
b. Date for holding new station

11 Failure of election
12. Fixing date for special elections
13. Place of holding election
14. Holding of election by proper officers
15. Manner of holding elections
16. Official watchers

B. Casting of Votes
1. Method of voting
2. Voting hours
3. Manner of preparing the ballot
4. Preparation of ballots for illiterates and disabled persons
5. Spoiled ballots
6. Ballot implies secrecy

Illustrative Case:
The Commission on Elections contends that exit polls
indirectly transgress the sanctity and the secrecy of the
ballot (ABS-CBN Broadcasting Corp. vs. Commission on
Elections)

7. Voters in cities
8. Voting
116
9. Challenge of illegal voters
10. Challenge based on certain illegal acts
11. Records or statements to be prepared and kept

C. Counting of Votes
1. Board of Election Inspectors
2. Powers of the board
3. Counting to be public and without interruption
4. Determination of marked ballots
5. Disallowing of marked ballots
6. Instances of marked ballots
7. Instances where ballots not considered marked
8. Manner of counting votes
9. Other requirements on counting of votes
10. Number of copies of election returns and their distribution
11. Duties of board of election inspectors in counting the votes
12. Rules for appreciation of ballots

Illustrative Case:
Petitioner, a candidate for Representative, used the
initials or nickname of her husband as her nickname or
stage name (Villarosa vs. House of Representatives
Electoral Tribunal)

13. Guiding principles in appreciation of ballots

14. Announcement of results of elections and issuance of certificate
of votes
15. What constitutes an election

D. Canvass and Proclamation

1. Board of Canvassers
2. Control and supervision of the Commission over the board
3. Canvass by the board
4. Canvassing committees
5. Recount of votes cast in case of discrepancies in election returns
6. Proclamation by the board
7. Principles governing canvass proceedings

Illustrative Case:
Petitioners, chairman and vice-chairman and a third
member of the Provincial Board of Canvassers failed to
proclaim as elected Sangguniang Panlalawigan member
the candidate who obtained the eight highest number of
votes but instead proclaimed another candidate who
obtained a lesser number of votes (Agujetas vs. Court of
Appeals)

8. Number of copies of Certificates of Canvass and their distribution

117
9. Congress as the National Board of Canvassers for President and
Vice-President
10. Canvass of votes for President and Vice-President
11. Election resulting in a tie
12. Failure to assume office
13. Nature of board's duties
14. Weight accorded board's findings

Chapter VI — AUTOMATED ELECTION SYSTEM

1. Automated May 10, 2010 elections
The first nationwide (national and local) fully Automated
Election System (AES) in the Philippines was held on
May 10, 20101 in compliance with R.A. No. 8436, as
amended by R.A. No. 9369 (see Appendix A.), using the
Precinct Count Optical Scan (PCOS) machines from vote
counting to election results canvassing. The Philippines is
the first country that made the total transition from manual
to electronic voting.

2. Definition of terms
a. Automated election system, hereinafter to as AES — a
system using appropriate technology which has been
demonstrated in the voting, counting, consolidating,
canvassing, and transmission of election result, and other
electoral process;
b. Electronic transmission — conveying data in electronic
form from one location to other;
c. Official ballot — where AES is utilized, refers to the
paper ballot, whether printed or generated by the technology
applied, that faithfully captures or represents the votes cast by
a voter recorded or to be recorded in electronic form;
d. Election returns — a document in electronic and
printed form directly produced by the counting or voting
machine, showing the date of the election, the province,
municipality and the precinct in which it is held and the votes in
figures for each candidate in a precinct in areas where AES is
utilized;
e. Statement of votes — a document containing the votes
obtained by candidates in each precinct in a city/municipality;
f. City/municipal/district/provincial certificate of canvass —
a document in electronic and printed form containing the total
votes in figures obtained by each candidate in a
city/municipality/ district /province as the case may be. The
electronic certificates of canvass shall be the official canvass
result in the aforementioned jurisdictions;
g. Paper-based election system — a type of automated
election system that uses paper ballots, records and counts

118
 votes, tabulates, consolidates/canvasses and transmits
electronically the results of the vote count;
h. Direct recording electronic election system — a type or
automated election system that uses electronic ballots, records,
votes by means of a ballot display provided with mechanical or
electro- optical component that can be activated by the voter,
processes data by means of a computer programs, record
voting data and ballot images, and transmits voting results
electronically.

3. Board of Election Inspectors

4. Official ballot
5. Filing of certificate of candidacy
6. Election Returns
7. Canvassing by provincial, city, district and municipal board of
canvassers
8. Commission on Elections as National Board of Canvassers
9. Congress as National Board of Canvassers
10. Random Manual Audit
11. Authentication of electronically transmitted election returns

Chapter VII — CONTESTED ELECTIONS

1. Meaning of pre-proclamation controversy
A pre-proclamation controversy refers, as defined in the
Omnibus Election Code, to "any question or matter
pertaining to or affecting the proceedings of the board of
canvassers which may be raised by any candidate or by
any registered political party or coalition of political parties
before the board or directly with the Commission on
Elections, or any matter raised under Sections 233, 234,
235, and 236 in relation to the preparation, transmission,
receipt, custody and appreciation of the election returns'
and election and certificate of canvass. It is properly
limited to challenges directed against the board of
canvassers and proceedings before said board relating to
particular election returns to which specific verbal
objections subsequently reduced to writing should be
made.

2. Exclusive jurisdiction of the Commission on Elections

3. Summary hearing of pre-proclamation controversies
a. Opportunity given to submit evidence in form of
respective memoranda
b. Decision based on records and evidence elevated to
Commission

4. Issues that may be raised

5. Where election returns on their face regular and authentic
119
6. Where election returns obviously manufactured
Correction of manifest errors in the tabulation or tallying of
election returns or certificates of canvass is an issue that
may be raised in a pre proclamation controversy.24
Section 243(c) in relation to Section 242 of the Omnibus
Election Code, in giving the Commission jurisdiction over
preproclamation controversies and allowing the
suspension or annulment of any proclamation, requires, if
the basis of the controversy is that election returns are
manufactured, that this fact be obvious on the face of the
returns.
7. Where election returns found to be spurious or falsified
8. Scope of pre-proclamation controversy
a. Issues limited to those enumerated inn Section 243
b. Issues regarding errors in the Statement of Votes

9. Questions properly cognizable in an election contest

Illustrative Cases:
(1)The issues that the returns were “obviously
manufactured” and the list of votes were padded were
raised in a pre-proclamation controversy (Ututalum vs.
Commission on Elections)
(2)Objections to election returns where votes cast for
original candidate who died were counted for the
candidate who substituted the deceased were raised in
a pre-proclamation controversy (Abella vs. Larrazabal)
(3)Commission on Elections dismissed pre-proclamation
cases against private respondent who filed an election
protest ad cautelam (Agbayani vs. Commission on
Elections)
(4)The common ground for the three appeals to the
Commission on Elections was that the questioned
election returns were “spurious, obviously
manufactured and/or statistically improbable
(Dimaporo vs. Commission on Elections)
(5)Petitioner questions the authority of the Commission
on Elections En Banc to hear and decide at the first
instance a petition seeking a failure of election without
the benefit of prior notice and hearing (Borja, Jr. vs.
Commission on Elections)
(6)After filing a petition with the COMELEC to annul the
proclamation as Mayor of his rival and to declare illegal
the constitution of the Municipal Board of Canvassers
as well as its proceedings, petitioner filed an election
protest before the Regional Trial Court (Laodenio vs.
Commission on Elections)

120
 (7)The Commission on Elections (COMELEC) Second
Division excluded returns from two precincts on the
occasion a preproclamation controversy, which
returns, on their face, appear regular and wanting of
any physical signs of tampering, alteration or other
similar vice (Salih vs. Commission on Elections)
(8)The proclamations of the petitioner as the mayor-elect
by the Municipal Board of Canvass and subsequently
of the private respondent were based on an incomplete
canvass (Jamil vs. Commission on Elections)
(9)In a special civil action for certiorari, petitioner seeks to
set aside the rsolution of the Commission on Elections
(COMELEC) annulling his proclamation and directing
the municipal board of canvassers (MBC) to convene
immediately , exclude certain precincts, and proclaim
the winning candidate for Mayor (Velayo vs.
Commission on Elections)
10. Suspension of proclamation and period for filing of election
protest
''Effect of filing petition to annul or to suspend the
proclamation. — The filing with the Commission [on
Elections] of a petition to annul or to suspend the
proclamation of any candidate shall suspend the running
of the period within which to file an election protest or quo
warranto proceedings."

11. Distinction between action for declaration of failure of election and

pre-proclamation controversy
An action for a declaration of the failure of election is not
in the nature of a pre-proclamation controversy.

12. Remedy after winning candidate has been proclaimed

a. Electoral protest before the proper forum
b. When proclaimed candidate may still be unseated

13. Contested composition or proceedings of the board of canvassers

14. Procedure in disposition of contested election returns
15. Requirements with respect to objections
a. In written form with supporting evidence attached
thereto
b. Evidence substantiating objections must be clear and
convincing
c. Reasons for requirements

16. Ruling by board on objections

a. Written ruling necessary
b. When ruling not necessary

121
 c. When exclusion of returns justified

17. Pre-proclamation cases

a. Not allowed in elections for President, Vice-President,
Senator, and Member of the House of Representatives
b. Those involving provincial, city and municipal offices
c. Effect when term of contested office begins
d. Pre-proclamation controversies; how commenced
e. Summary disposition of pre-proclamation controversies

18. Effect of filing an election protest or a petition for quo warranto

19. Institution of election contest
20. Election contest imbued with public interest

Illustrative Case:
Protestant field an election protest claiming that she was
the winner in the 1992 Presidential elections but
subsequently ran for the Senate, won the election,
assumed the office of Senator, and discharged the duties
and functions thereof (Defensor-Santiago vs. Ramos)

21. Effects of demurrer to evidence of protestant

A demurrer to evidence is an objection by a party to an
action to the effect that the evidence which his adversary
produced is insufficient in point of law to make out a case
or sustain the issue in the case. It is equivalent to a
motion to dismiss.

22. Jurisdiction over election contests

23. Assumption of office during pendency of election protest
24. Execution pending appeal in protest cases
25. Distinctions between defective elections and defective returns
26. Irregularities affecting election
27. Evidence on the election
28. Rules on the use of ballots as evidence as against election
returns

Illustrative Cases:
(1)The Commission on Elections set aside the results of a
special election it called due to a failure of elections
and declared the winner on the basis of a tally board
and a certificate of votes in the previous regular
elections (Garay vs. Commission on Elections)
(2)The trial court allowed the examination of ballots and
the recounting of votes without requiring proof as to the
truth or falsity of allegations of irregularities (Manahan
vs. Bernardo)

122
 (3)COMELEC en banc dismissed the petition for
annulment of proclamation of private respondent as
Mayor of Pasay City and the supplemental petition for
correction of statement of facts (Trinidad vs.
COMELEC)
29. Effect of ineligibility or death of candidate receiving majority of
votes
30. Right of winner in an election contest to recover damages

Chapter VIII — ELECTION OFFENSES

1. Jurisdiction to investigate and prosecute election offenses
2. Criminal and electoral aspects of an election offense
3. Prohibited acts and election offenses under the Omnibus Election
Code
4. Vote-buying and vote-selling
5. Grant of transactional immunity
Section 289 of R.A. No. 6646 (Electoral Reform Law of
1987) governs the prosecution of the crimes of vote-
buying and vote- selling. Under the last paragraph of
Section 28, any person guilty of vote-buying and vote
selling who voluntarily gives information and willingly
testifies on violations of Section 261 of the Omnibus
Election Code, shall be exempt from prosecution and
punishment for the offense with reference to which the
information and testimony were given, without prejudice
to his liability for perjury and false testimony.

6. Conspiracy to bribe voters

It is committed by two or more persons, whether
candidates or not, who come to an agreement concerning
the vote-buying and vote-selling and decide to commit it."

7. Wagering upon result of election

It is committed by any person who bets or wagers upon
the outcome of, or any contingency connected with an
election. And money or thing of value or deposit of money
or thing of value situated anywhere in the Philippines put
as such bet or wager shall be forfeited to the government.

8. Coercion of subordinates
9. Threats, intimidation, terrorism, use of fraudulent device or other
forms of coercion
10. Coercion of election officials and employees
It is committed by any person who, directly or indirectly,
threatens, intimidates, terrorizes or coerces any election
official or employee in the performance of his election
functions or duties.

123
11. Appointment of new employees, creation of new positions,
promotion, or giving salary increases
12. Transfer of officers and employees in the civil service
13. Intervention of public officers and employees
It is committed by any officer or employee in the civil
service, except those holding political offices, any officer,
employee, or member of the Armed Forces of the
Philippines, or any police force, special forces, home
defense forces, barangay self-defense units and all other
paramilitary units that now exist or which may hereafter
be organized who, directly or indirectly, intervenes in any
election campaign or engages in any partisan political
activity, except to vote or to preserve public order, if he is
a peace officer.

14. Use of undue influence

15. Unlawful electioneering
It is unlawful to solicit votes or undertake any propaganda
on the day of registration before the board of election
inspectors and on the day of election, for or against any
candidate or any political party within the polling place
and within a radius of 30 meters thereof.

16. Prohibition against dismissal of employees, laborers, or tenants

No employee or laborer shall be dismissed, nor a tenant
be ejected from his land holdings for refusing or failing to
vote for any candidate of his employer or landowner. Any
employee, laborer or tenant so dismissed or ejected shall
be reinstated and the salary or wage of the employee or
laborer, or the share of the harvest of the tenant, shall be
restored to the aggrieved party upon application to the
proper court.

17. Appointment or use of special policemen, special agents,

confidential agents or the like
18. Illegal release of prisoners before and after election
19. Use of public funds, money deposited in trust, etc
20. Carrying of deadly weapons within prohibited area
21. Carrying of firearms outside residence or place of business
It is committed by any person who, although possessing
permits to carry firearms carries any firearms outside his
residence or place of business during the election period,
unless authorized in writing by the Commission on
Elections. A motor vehicle, water or aircraft shall not be
considered a residence or place of business or extension
hereof.
124
22. Use of armored land, water or aircraft
23. Wearing of uniforms and bearing arms
24. Acting as bodyguard or security guard
25. Organization or maintenance of reaction forces, strike forces, or
other similar forces
26. Release, disbursement or expenditure of public funds
27. Construction of public works, etc
28. Suspension of elective provincial, city, municipal, or barangay
officer
29. Prohibitions relating to registration of voters
30. Prohibitions relating to voting
31. Prohibitions relating to canvassing
32. Prohibitions common to all boards of election inspectors or
boards of canvassers
33. Prohibitions relating to candidacy and campaign
34. Other prohibitions
a. Selling, etc., intoxicating liquors
b. Opening booths or stalls
c. Holding fairs, cockfights, etc.
d. Refusal to carry election mail
e. Discrimination in the sale of air time

35. Persons criminally liable

The principals, accomplices, and accessories, as defined
in the Revised Penal Code, shall be criminally liable for
election offenses.

36. Penalties

Illustrative Case:
COMELEC reversed its earlier resolution by dismissing
complaint against the members of Board of Canvassers
on the ground of lack of sufficient evidence to establish
probable cause (Pimentel Jr., vs. Commission on
Elections)

37. Conviction and pardon as affecting eligibility

38. Other election offenses under the Electoral Reforms Law of 1987
39. Other election offenses under the Synchronized National and
Local Elections Law
40. Other election offenses under the Voter's Registration Act of 1996
41. Other election offenses under the Automated Election System Act
42. Other election offenses under the Absentee Voting Act of 2003
43. Investigation and prosecution
a. Commission on Election/Department of Justice
b. Burden of proof on complainant

125
44. Arrests in connection with the election campaign
No person shall be arrested and/or detained at any time
for any alleged offense committed during and in
connection with any election through any act or language
tending to support or oppose any candidate, political party
or coalition of political parties under or pursuant to any
order of whatever name or nature and by whomsoever
issued except only upon a warrant of arrest issued by a
competent judge after all the requirements of the
Constitution shall have been strictly complied with.

45. Prescription
Election offenses shall prescribe after five (5) years from
the date of their commission.

46. Jurisdiction of courts

47. Preferential disposition of election offenses

APPENDICES
A. Automated Election System (R.A. No. 8436, as amended by R.A.
No. 9369)
B. The Overseas Absentee Voting Act of 2003 (R.A. No. 9189)
C. Fair Election Act (R.A. No. 9006)

126